George v. District Collector, Thrissur and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **TUESDAY, THE 10TH DAY OF OCTOBER 2017/18TH ASWINA, 1939** ## **WP(C).No. 32153 of 2017 (T)** **----------------------------** ## **PETITIONER(S):** **-----------------------** **GEORGE, AGED 53 YEARS, S/O. VARGHESE, PALIYEKKARA HOUSE, PERAMBRA P.O., THRISSUR DISTRICT - 680 689.** **BY ADV. SRI.N.B.ANOOP.** ## **RESPONDENT(S):** **---------------------------** **1. THE DISTRICT COLLECTOR, THRISSUR - 680 001.** **2. THE REVENUE DIVISIONAL OFFICER, THRISSUR - 680 001.** **3. THE TAHSILDAR, CHALAKKUDY, THRISSUR - 680 307.** **4. THE VILLAGE OFFICER, KODAKARA VILLAGE, PIN - 680 684.** **5. THE LOCAL LEVEL MONITORING COMMITTEE, KODAKARA GRAMA PANCHAYATH, REP. BY ITS CONVENER, (THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KODAKARA, THRISSUR- 680 684).** **6. THE KODAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODAKARA, THRISSUR - 680 684.** **7. THE SECRETARY, KODAKARA GRAMA PANCHAYATH, KODAKARA, THRISSUR - 680 684.** **R1 TO R5 BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-10-2017, ALONG WITH WP(C). NO.32155 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** rs. **WP(C).No. 32153 of 2017 (T)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** **EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 12.04.2017.** **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK.** **EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 25.08.2017.** **EXHIBIT P3(A) TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT DATED 25.08.2017. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 12.09.2017.** ## **RESPONDENT'S EXHIBITS:NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** rs. ## **P.B.SURESH KUMAR, J.** **--------------------------------------------** **W.P.(C).Nos.32153, 32155, 32156, 32177, 32198, 32202, 32233, 32239, 32242, 32247, 32274, 32315 & 32316 of 2017 --------------------------------------------------------------Dated this the 10[th] day of October, 2017** ## **J U D G M E N T** The case of the petitioners in this batch of writ petitions is that the properties owned by them as referred to in the writ petitions were originally paddy lands, but converted as garden lands several years prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). It is alleged by the petitioners that though the properties were converted as garden lands prior to the introduction of the Act, the properties are shown as paddy lands in the Data Bank W.P.(c).No.32153 of 2017 & con. cases : 2 : prepared under the Act and as such, they are unable to make use the properties for other purposes including construction of buildings. It is alleged in some of the writ petitions that the building permits applied for by the petitioners therein are not being considered by the local authorities concerned for the aforesaid reason. In some other writ petitions, it is alleged that the buildings constructed by the petitioners therein are not being numbered on account of the said reason. According to the petitioners, since the properties were converted prior to the Act, the same should not have been shown in the Data Bank as 'Paddy land'. The petitioners, therefore, preferred applications before the Local Level Monitoring Committees concerned for correction of the entries relating to their properties in the Data Bank and the applications preferred by the petitioners in this regard are part of the records. In the circumstances, the petitioners seek directions in these writ petitions to the Local Level Monitoring Committees concerned to correct the entires in the Data Bank in relation W.P.(c).No.32153 of 2017 & con. cases : 3 : to their properties. They also seek orders for correction of the entry relating to their properties in the revenue records. Some of the petitioners, among others, seek directions to the local authorities concerned to grant building permits applied for by them and some others seek directions to the local authorities concerned to assign numbers to the buildings constructed by them on the strength of the building permits issued to them. 2. Heard the learned counsel for the petitioners as also the learned Government Pleader. 3. If the properties of the petitioners are converted prior to the Act, the provisions of the Act would not apply to the same, as held by the Apex Court in _**Revenue Divisional Officer** v._ _**Jalaja Dileep**_ (2015(1) KLT 984). But, the question whether the properties are converted prior to the Act as claimed by the petitioners is a matter to be considered by the Local Level Monitoring Committee at the first instance. It is all the more so since the Local Level Monitoring Committee is empowered to W.P.(c).No.32153 of 2017 & con. cases : 4 : correct the mistake, if any, in the Data Bank. True, if the provisions of the Act do not apply to the properties of the petitioners, they are entitled to make use of the properties for other purposes including construction of buildings, after obtaining permission of the competent authority under the Kerala Land Utilization Order [See _**Puthan Purakkal Joseph** v._ _**Sub Collector**_ (2015(3) KLT 182)]. In the circumstances, the writ petitions are disposed of directing the Local Level Monitoring Committees concerned to consider and pass orders on the applications preferred by the petitioners for correction of the entries in the Data Bank in relation to their properties, after obtaining reports from the Kerala State Remote Sensing and Environment Centre (KSRSEC) as to the position of the properties of the petitioners at the time of commencement of the Act. The petitioners shall pay the fees stipulated by the KSRSEC for issuing their report as and when directed so by the Conveners of the Local Level Monitoring Committees. The direction aforesaid shall be complied with within three W.P.(c).No.32153 of 2017 & con. cases : 5 : months from the date of receipt of a copy of this judgment along with copies of the respective writ petitions. If the requests made by the petitioners are allowed, they are entitled to prefer applications invoking Clause 6 of the Kerala Land Utilization Order before the competent authority for permission to make use of the properties for other purposes, if applications have not been preferred by the petitioners for the said purposes by now and in that event, the competent authority under the Kerala Land Utilization Order shall pass orders on those applications within one month from the date of production of the decision of the Local Level Monitoring Committee along with the application under the Kerala Land Utilization Order, wherever applicable, in the light of the decision of this Court in _**Puthan Purakkal Joseph** (supra),_ untrammelled by Circular No.46848/P1/2016 dated 22.12.2016 issued by the Government. If the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, the petitioners shall be issued building permits or assigned W.P.(c).No.32153 of 2017 & con. cases : 6 : building numbers, as the case may be, if they are otherwise entitled for the same, by the local authorities concerned. Needless to say that if the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, they will also be entitled to move the authorities under the Kerala Land Tax Act for fresh assessment of the lands as garden lands and if such requests are made by the petitioners, the same shall also be considered by the said authorities, in the light of _**Kizhakkambalam Grama Panchayat v. Mariumma**_ (2015(2) KLT 516), within one month from the date of their respective requests. Sd/- **P.B.SURESH KUMAR JUDGE** rsr