Premkumar K.S. v. State of Kerala and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- Judgment Date
- 2016-12-19
- Court Decision / Holding
- The writ petition is disposed of directing that the Agricultural Officer, on receipt of the writ petition copy, shall obtain a lie/nature report and satellite map from KSRSEC after the petitioner pays required fees. The Agricultural Officer shall then conduct a physical inspection and submit a report to the RDO; the 3rd respondent shall issue notices to the petitioner and consider Ext.P4 within two months from the date of the report. If the application under Clause 6 of the KLU Order is found to be admissible, it would lead to a fresh assessment of the land as garden land and correction of the BTR. The conversion, if permitted, would require the petitioner to pursue fresh assessment under KLU Order Clause 6, following the principles in Puthan Purakkal Joseph v. Sub Collector and Kizhakkambalam Grama Panchayath v. Mariumma. No costs.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- Premkumar K.S.
Respondents
- State of Kerala represented by the Secretary, Department of Revenue, Secretariat, Thiruvananthapuram-695001
- The District Collector, Collectorate, Kottayam-686001
- The Revenue Divisional Officer, Meenachil, Pala-686014
- The Village Officer, Vechoor, Kottayam-686001
- The Local Level Monitoring Committee represented by the Agricultural Officer, Krishi Bhavan, Vechoor, Kottayam-686001
Legal Representation & Advocates
Counsels for Petitioners
- • Sri P.S. George
- • Sri K.C. Vincent
Counsels for Respondents
- • Sri Surin George Ipe
Case Synopsis & Summary
The petitioner, Premkumar K.S., and his wife own 4.25 acres of land (Survey No. 524/3/1) in Vechoor Village, Vaikom Taluk, acquired by sale deed 102/2013 dated 30.01.2013. The land was reclaimed long ago and is shown as nilam in village records and the Basic Tax Register (BTR). It was included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (Paddy Land Act) as “Purayidom.” The petitioner previously approached this Court in W.P(C) No. 31048/2014; Ext.P3 directed him and similarly situated individuals to file applications under Clause 6 of the Kerala Land Utilisation Order, 1967 before the RDO/District Collector. In compliance, Ext.P4 was filed before the 3rd respondent; the Agricultural Officer prepared a report but did not specify the lie and nature of the property. Ext.P4 was disposed of by Ext.P5 directing the petitioner to approach the District Collector under Section 3A of the Paddy Land Act, a provision now deleted. Ext.P5 was set aside to facilitate reconsideration. Since the land is not in the draft data bank but appears as wet land in the BTR, a report from the Agricultural Officer, with satellite data from KSRSEC, is required; after receipt, the 3rd respondent must issue notice and decide Ext.P4 within two months. The court notes that conversion to garden land could be permissible if allowed, with fresh assessment under the KLU Order Clause 6 following Puthan Purakkal Joseph and Kizhakkambalam judgments. The writ petition is disposed of with no costs.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the land is nilam and not properly classified as Purayidom and seeks reconsideration of Ext.P5 under the Kerala Land Utilisation Order Clause 6; he argues for a site-specific, independent determination of lie and nature of the property and for proper inclusion/adjustment in the data bank prior to any final orders, in light of prior directions in Ext.P3 and the need for fresh assessment if conversion is permitted.
Contentions of Respondents
The State/3rd respondent relies on the procedural sequence under the Kerala Land Utilisation Order Clause 6 and the Paddy Land Act, contending that a proper lie/nature report is essential and that Ext.P5 directed recourse under Section 3A (now deleted) was to be reconsidered after obtaining accurate information from Agricultural Officer and KSRSEC; the authorities must follow due process and assess any garden-land conversion accordingly.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Puthan Purakkal Joseph v. Sub Collector | 2015 (3) KLT 182 | Positive | Cited to guide the process for fresh assessment and the need for precise lie/nature reporting before consideration of the KLU Order Clause 6 route. |
| Kizhakkambalam Grama Panchayath v. Mariumma | 2015(2) KLT 516 | Positive | Cited to support that conversion to garden land would necessitate fresh assessment under the KLU Order Clause 6 if permitted. |
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