Savio Joseph; Pushpamma Joseph; C.J. Joseph v. Revenue Divisional Officer, Fort Kochi and Others (WP(C).Nos. 6767/2020, 6796/2020 & 6805/2020)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941** ## **WP(C).No.6767 OF 2020(U)** ## **PETITIONER/S:** **SAVIO JOSEPH AGED 31 YEARS S/O. C.J.JOSEPH, CHELEKKAT HOUSE, NO.42, VIVEKANDHA ROAD, AIMS PONEKKARA P.O., ERNAKULAM DISTRICT, KOCHI, PIN-682 041.** **BY ADVS. SRI.P.K.SOYUZ SRI.E.V.BABYCHAN** ## **RESPONDENT/S:** |**1**|**THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,**| |---|---| ||**RDO OFFICE, FORT KOCHI, ERNAKULAM, PIN-682 001.**| |**2**|**THE LOCAL LEVEL MONITORING COMMITTEE**| ||**ELOOR MUNICIPALITY, REPRESENTED BY ITS CONVENER,**| ||**AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR, ERNAKULAM**| ||**DISTRICT, PIN-683 501.**| |**3**|**THE TAHSILDAR (LR)**| ||**TALUK OFFICE, NORTH PARAVOOR P.O., ERNAKULAM, PIN-683**| ||**513.**| |**4**|**THE VILLAGE OFFICER**| ||**ELOOR VILLAGE, PARAVOOR TALUK, UDYOGAMANDAL P.O.,**| ||**ERNAKULAM DISTRICT, PIN-683 501.**| ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH WP(C).6796/2020(Y), WP(C).6805/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** # **FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941** ## **WP(C).No.6796 OF 2020(Y)** ## **PETITIONER/S:** **PUSHPAMMA JOSEPH, AGED 60 YEARS W/O.C.J.JOSEPH, CHELEKKAT HOUSE, NO.42, VIVEVEKANANDA ROAD, AIMS PONEKKARA P.O., ERNAKULAM DISTRICT, KOCHI - 682 041. BY ADVS. SRI.P.K.SOYUZ SRI.E.V.BABYCHAN** ## **RESPONDENT/S:** |**1**|**THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,**| |---|---| ||**RDO OFFICE, FORT KOCHI, ERNAKULAM, PIN - 682 001.**| |**2**|**THE LOCAL LEVEL MONITORING COMMITTEE,**| ||**ELOOR MUNICIPALITY, REPRESENTED BY ITS CONVENER,**| ||**AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR,**| ||**ERNAKULAM DISTRICT, PIN - 683 501.**| |**3**|**THE TAHSILDAR (LR),**| ||**TALUK OFFICE, NORTH PARAVOOR P.O., ERNAKULAM, PIN -**| ||**683 513.**| |**4**|**THE VILLAGE OFFICER,**| ||**ELOOR VILLAGE, PARAVOOR TALUK, UDYOGAMANDAL P.O.,**| ||**ERNAKULAM DISTRICT, PIN - 683 501.**| ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH WP(C).6767/2020(U), WP(C).6805/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941** ## **WP(C).No.6805 OF 2020(A)** ## **PETITIONER/S:** **C.J.JOSEPH, AGED 66 YEARS W/O. ULAHANNAN JOSEPH, CHELEKKAT HOUSE NO. 42, VIVEVEKANDHA ROAD, AIMS PONEKKARA P.O. ERNAKULAM DISTRICT , KOCHI 682 041.** **BY ADVS. SRI.P.K.SOYUZ SRI.E.V.BABYCHAN** ## **RESPONDENT/S:** **1 THE REVENUE DIVISIONAL OFFICER, SUB COLLECTOR, RDO OFFICE, FORT KOCHI, ERNAKULAM 682 001. 2 THE LOCAL LEVEL MONITORING COMMITTEE, ELOOR MUNICIPALITY, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR, ERNAKULAM DISTRICT 683 501. 3 THE TAHSIDLAR (LR), TALUK OFFICE, NORTH PARAVOOR P.O. ERNAKULAM, 683 513. 4 THE VILLAGE OFFICER, ELOOR VILLAGE, PARAVOOR TALUK, UDYOGAMANDAL P.O. ERNAKULAM DISTRICT 683 501.** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2020, ALONG WITH WP(C).6767/2020(U), WP(C).6796/2020(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 4 ## **ALEXANDER THOMAS, J.** ----------------------------------------------- W.P.(C)Nos.6767 of 2020, 6796 of 2020 and 6805 of 2020 ---------------------------------------------------------------Dated this the 6[th] day of March, 2020 ## **JUDGMENT** Since the issue raised in these three writ petitions are same, these cases are disposed of with a common judgment. The prayers in W.P.(C) No.6767 of 2020 are as follows:- _i) Issue a writ of mandamus or any appropriate writ, order or direction directing the 1[st] respondent to consider and dispose of Ext. P2 & P5 application in the light of the judgments in_ _**RDO V. Jalaja Dileep, Sivadasan V. Revenue Divisional Officer, 2017 (3) KLT 822, Puthenpurakkal Joseph Vs. Sub Collector, Renji K. Paul V. RDO Muvattupuzha, 2019 (2) KLT 262, Shanmugam V. District Collector, 2019 (2) KLT 45, Line Properties Private Limited V. The State Of Kerala, 2019 (3) KLT 420, and Geo Peter V. Revenue Divisional Officer, 2019 (3) KLT 839 or 2019 (4) KHC 400, Tahsildar Thodupuzha Taluk V. Renjith George, 2020(1) KHC 865 (DB)** and in the light of the reports of the village officer, Eloor and Agricultural officer, Eloor and grant permission to utilize 2.02 Ares of land comprised in Re.Sy. No.29 in Block No.173 of Eloor Village covered by_ _**T P No.13523** of Eloor Village, Paravoor Taluk, for other purpose including construction of building, as per clause 6 of KLUO 1967._ _ii) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”_ The prayers in W.P.(C) No.6796 of 2020 are as follows:- _i) Issue a writ of mandamus or any appropriate writ, order or direction directing the 1[st] respondent to consider and dispose of Ext. P2 application in the light of_ W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 5 _the judgments in_ _**RDO V. Jalaja Dileep, Sivadasan V. Revenue Divisional Officer, 2017 (3) KLT 822, Puthenpurakkal Joseph Vs. Sub Collector, Renji K. Paul V. RDO Muvattupuzha, 2019 (2) KLT 262, Shanmugam V. District Collector, 2019 (2) KLT 45, Line Properties Private Limited V. The State Of Kerala, 2019 (3) KLT 420, and Geo Peter V. Revenue Divisional Officer, 2019 (3) KLT 839 or 2019 (4) KHC 400, Tahsildar Thodupuzha Taluk V. Renjith George, 2020(1) KHC 865 (DB)** and in the light of the reports of the village officer, Eloor and Agricultural officer, Eloor and grant permission to utilize 3.98 Ares of land comprised in Re.Sy. No.28 in Block No.173 of Eloor Village, Paravoor Taluk, covered by_ _**T P No.16150** of Eloor Village, Paravoor Taluk, for other purpose including construction of building, as per clause 6 of KLUO 1967._ _ii) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”_ The prayers in W.P.(C) No.6805 of 2020 are as follows:- _i) Issue a writ of mandamus or any appropriate writ, order or direction directing the 1[st] respondent to consider and dispose of Ext. P2 application in the light of the judgments in_ _**RDO V. Jalaja Dileep, Sivadasan V. Revenue Divisional Officer, 2017 (3) KLT 822, Puthenpurakkal Joseph Vs. Sub Collector, Renji K. Paul V. RDO Muvattupuzha, 2019 (2) KLT 262, Shanmugam V. District Collector, 2019 (2) KLT 45, Line Properties Private Limited V. The State Of Kerala, 2019 (3) KLT 420, and Geo Peter V. Revenue Divisional Officer, 2019 (3) KLT 839 or 2019 (4) KHC 400, Tahsildar Thodupuzha Taluk V. Renjith George, 2020(1) KHC 865 (DB)** and in the light of the reports of the village officer, Eloor and Agricultural officer, Eloor and grant permission to utilize 8.9 Ares of land comprised in Re.Sy. No.27 in Block No.173 of Eloor Village, covered by_ _**T P No.16151** of Eloor Village, Paravoor Taluk, for other purpose including construction of building, as per clause 6 of KLUO 1967._ _ii) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”_ W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 6 2. Heard Sri.Soyuz P.K., learned counsel appearing for the petitioner in these three writ petitions and Sri. Saigi Jacob Palatty, learned Sr. Government Pleader, appearing for the respondents in these three writ petitions. 3. The petitioners would point out that the respective petitioners has now preferred Ext.P2 application dated 27.07.2017 under Rule 6 of the Kerala Land Utilization Order, 1967, before the 1[st] respondent-Revenue Divisional Officer, seeking for necessary permission for conversion of the property as garden land or purayidom and for using for any nonagricultural purposes as conceived under Rule 6(2) of the Kerala Land Utilization Order, 1967. Further, it is pointed out that Ext.P2 application dated 27.07.2017 has been submitted much prior to 30.12.2017 (date of coming into force of the amended provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008), introducing Sec.27A thereof, etc., then none of the detrimental and adverse conditions flowing out from the said amended provisions can be pressed into service as against the party concerned and the 1[st] respondent-RDO is statutorily obliged to consider the said plea for conversion on the basis of W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 7 the provisions contained in Rule 6(2) of the Kerala Land Utilization Order, 1967. 4. It is by now well settled by a series of ruling of this Court as in _**Geo Peter v. Revenue Divisional Officer**_ [2019 (3) KLT 838], _**Renjith K.Paul v. Revenue Divisional Officer**_ [2019 (2) KLT 262], _**Salim v. State of Kerala**_ [2019 (3) KLT 604 (DB)] that in a case where the subject property has been converted prior to coming into force of the 2008 Act and where the requisite application under Rule 6(2) of the Kerala Land Utilization Order, 1967 has been submitted by the party concerned before 30.12.2017 (date of coming into force of the amended provisions of the 2008 Act) introducing Sec.27A thereof, etc., then none of the detrimental and adverse conditions flowing out from the said amended provisions can be pressed into service as against the party concerned and the respondentRDO is statutorily obliged to consider the said plea for conversion on the basis of the provisions contained in Rule 6(2) of the Kerala Land Utilization Order, 1967. This aspect of the matter has also been reiterated by a recent judgment of the Division Bench of this Court in _**Thasildar, Thodupuzha Taluk and another v. Renjith George**_ [2020 (1) KHC 865 W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 8 (DB)] that in a case where the subject property has been converted prior to the coming into force of the 2008 Act and where Rule 6(2) application under the Kerala Land Utilization Order, 1967 has been submitted before 30.12.2017, then the said plea of the party has to be considered in terms of the provisions contained in Rule 6(2) of the Kerala Land Utilization Order and that none of the adverse provisions contained in the amended provisions of the 2008 Act can be pressed into service as against such a party. Moreover, the Division Bench has also reiterated in **Renjith’s case** (supra) [2020 (1) KHC 865 (DB)] that in respect of such a property, the party is also legally entitled to maintain an application Sec.6A of the Kerala Land Tax Act for reassessment of the subject property, so as to make additional entries in the Basic Tax Register to show the classification of the land as purayidam or garden land, instead of the earlier BTR entries as paddy land or Nilam, as the case may be, in view of the earlier dictum laid down by another Division Bench of this Court in _**LLMC, Kizhakkambalam Grama Panchayath and others v. Mariumma and another**_ [2015 (2) KLT 516 (DB)]. 5. Accordingly, it is ordered that the 1[st] respondentRevenue Divisional Officer will take up for consideration Ext.P2 W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 9 applications, produced in these three cases and after following the requisite procedure and may conducting necessary inspection of the subject property with due prior notice to the petitioners in these three writ petitions and may ensure that a copy of the said inspection report is given to the petitioners in these three cases, in advance and thereafter the 1[st] respondent will afford a reasonable opportunity of being heard to each petitioners through the authorized representative or counsel, if any and then will render a considered decision on the matter in Ext.P2 application under Rule 6(2) of the Kerala Land Utilization Order, 1967, without much delay, at any rate, within a period of three months from the date of production of a certified copy of this judgment. With these observations and directions, these three Writ Petitions (Civil) will stand finally disposed of. ## **Sd/-** ## **ALEXANDER THOMAS, JUDGE** Skk//24032020 W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 10 ## **APPENDIX OF WP(C) 6767/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 11.9.2018. EXHIBIT P2 TRUE COPY OF THE APPLICATION UNDER CLAUSE 6 KLUO DATED 27.7.2017. EXHIBIT P3 TRUE COPY OF THE K2-6903/17 DATED 15.11.2017 SENT BY THE FIRST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 9.8.2017. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 3.2.2020. EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 8.2.2020.** **RESPONDENTS' EXHIBITS: NIL** W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 11 ## **APPENDIX OF WP(C) 6796/2020** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE LAND TAX RECEIPT DATED**| |---|---| ||**29/01/2020.**| |**EXHIBIT P2**|**TRUE COPY OF THE APPLICATION UNDER CLAUSE**| ||**6 KLUO DATED 27/07/2017.**| |**EXHIBIT P3**|**TRUE COPY OF THE LETTER K2-6904/17 DATED**| ||**15/11/2017 SENT BY THE FIRST RESPONDENT.**| |**EXHIBIT P4**|**TRUE COPY OF THE REPORT OF THE**| ||**AGRICULTURAL OFFICER DATED 10/08/2017.**| |**EXHIBIT P5**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**03/01/2020.**| |**EXHIBIT P6**|**TRUE COPY OF THE POSTAL ACKNOWLEDGMENT**| ||**DATED 8/2/2020.**| |**RESPONDENTS' EXHIBITS:**|**NIL**| W.P.(C)Nos.6767/2020, 6796/2020 & 6805/2020 12 ## **APPENDIX OF WP(C) 6805/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 6095 OF 2001 DATED 30.11.2001 OF ALANGAD SRO. EXHIBIT P2 TRUE COPY OF THE APPLICATION UNDER CALUSE 6 KLUO DATED 27.07.2017. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 28.07.2017. EXHIBIT P4 TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 10.08.2017. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 3.1.2020 EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED 8.2.2020.** **RESPONDENTS' EXHIBITS: NIL**