Sundaran Nair v. District Collector, Palakkad and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **WEDNESDAY, THE 11TH DAY OF OCTOBER 2017/19TH ASWINA, 1939** **WP(C).No. 28378 of 2016 (V)** **----------------------------** **PETITIONER(S): -------------** **SUNDARAN NAIR, S/O LATE KUTTIKRISHNAN NAIR, KUNNANANGATH, CHERUKATTUPULAM, VANIAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.** **BY ADV. SRI.P.JAYARAM** **RESPONDENT(S):** - **--------------** **1. THE DISTRICT COLLECTOR, PALAKKAD 678 001.** **2. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM 678 001.** **3. THE SECRETARY,** - **VANIAMKULAM GRAMA PANCHAYAT, P.O.VANIAMKULAM 679 522.** **4. VANIAMKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, P.O. VANIAMKULAM 679 522.** **5. THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, P.O. VANIAMKULAM 679 522.** **6. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **R1,R2,R5 & R6 BY SR.GOVERNMENT PLEADER SMT.RAJI T. BHASKER R3 & R4 BY ADV. SRI.V.A.VINOD** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-10-2017, ALONG WITH WPC.6510/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **EL** ## **WP(C).No. 28378 of 2016 (V)** ## **----------------------------** ## **APPENDIX** |**PETITIONER(S)'**|**EXHIBITS**| |---|---| |**-----------------------**|| |**EXHIBIT P1**|<br>**TRUE COPY OF THE JENMUM ASSIGNMENT DEED DATED 28-**| ||**08-1978 IN FAVOUR OF PETITIONER AND HIS WIFE**| ||**SEEMANTHINI.**| |**EXHIBIT P2**|<br>**TRUE COPY OF THE JENMUM ASSIGNMENT DEED NO 815 OF**| ||**1981, S.R.O OTTAPALAM.**| |**EXHIBIT P3**|<br>**TRUE COPY OF THE PLAN FOR THE PETITIONER'S**| ||**REGULARIZED CEMENT PRODUCT UNIT, SIVANJALI CEMENT**| ||**PRODUCTS, SUBMITTED BEFORE THE VANIAMKULAM GRAMA**| ||**PANCHAYAT.**| |**EXHIBIT P4**|<br>**THE COPY OF THE SITE PLAN OF THE PETITIONER'S UNIT**| ||**NAMED SIVANJALI CEMENT PRODUCTS.**| |**EXHIBIT P5**|<br>**TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21-**| ||**06-2016 ISSUED FROM VANIAMKULAM II VILLAGE IN THE**| ||**NAME OF THE PETITIONER AND HIS WIFE SEEMANTHINI.**| |**EXHIBIT P6**|<br>**TRUE COPY OF THE TAX RECEIPT DATED 03-02-2016**| ||**ISSUED TO THE PETITIONER AND HIS WIFE SEEMANTHINI**| ||**FOR VANIAMKULAM II VILLAGE.**| |**EXHIBIT P7**|<br>**TRUE COPY OF THE RELEVANT PART OF DATA BANK**| ||**PREPARED AT THE VANIAMKULAM GRAMA PANCHAYAT SHOWING**| ||**THE NATURE OF PETITIONER'S LAND AS CONVERTED.**| |**EXHIBIT P8**|<br>**TRUE COPY OF THE PERMANENT REGISTRATION CERTIFICATE**| ||**DATED 01-03-1995 ISSUED TO THE PETITIONER'S WIFE,**| ||**SMT. SEEMANTHINI FROM DISTRICT INDUSTRIES CENTRE,**| ||**PALAKKAD WITH RESPECT TO HER INDUSTRIAL UNIT NAMED**| ||**LAKSHMI PLASTIC WORKS.**| |**EXHIBIT P9**|<br>**THE COPY OF THE DEMAND NOTICE DATED 18-08-2014**| ||**ISSUED TO THE PETITIONER FROM VANIAMKULAM GRAMA**| ||**PANCHAYAT.**| |**EXHIBIT P10**|<br>**TRUE COPY OF THE BUILDING TAX RECEIPT DATED**| ||**30-09-2009 ISSUED TO THE PETITIONER FROM**| ||**VANIAMKULAM GRAMA PANCHAYAT.**| |**EXHIBIT P11**|<br>**TRUE COPY OF THE RECEIPT DATED 27-02-2010 ISSUED**| ||**TO PETITIONER'S SON VINAYAN FROM VANIAMKULAM GRAMA**| ||**PANCHAYAT WITH RESPECT TO LICENCE FEE TO RUN**| ||**STATIONARY STOP AT THE PETITIONER'S PROPERTY.**| |**EXHIBIT P12**|<br>**TRUE COPY OF THE CONSENT TO ESTABLISH DATED**| ||**13-06-2016 ISSUED TO SIVAJALI CEMENT PRODUCT UNIT,**| ||**VANIAMKULAM FROM KERALA STATE POLLUTION CONTROL**| ||**BOARD IN THE NAME OF THE PETITIONER'S SON, VINAYAN,**| ||**THE OCCUPIER.**| |**EXHIBIT P13**|<br>**TRUE COPY OF THE SANITARY FITNESS CERTIFICATE DATED**| ||**08-02-2016 ISSUED TO SIVANJALI HOLLOW BRICKS,**| ||**VANIAMKULAM BY HEALTH INSPECTOR, PRIMARY HEALTH**| ||**CENTRE, VANIAMKULAM.**| ## **WP(C).No. 28378 of 2016 (V)** **----------------------------** - **EXHIBIT P14 TRUE COPY OF THE INTIMATION LETTER DATED 04-02-2016 ISSUED FROM TALUK INDUSTRIES OFFICE, OTTAPALAM.** - **EXHIBIT P15 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25-06-2016 ISSUED TO THE PETITIONER FROM VANIAMKULAM GRAMA PANCHAYAT.** - **EXHIBIT P16 TRUE COPY OF THE PROVISIONAL ORDER DATED 25-06-2016 ISSUED TO THE PETITIONER FROM VANAIMKULAM GRAMA PANCHAYAT.** - **EXHIBIT P17 TRUE COPY OF THE REPLY DATED 04-07-2016 SUBMITTED BY THE PETITIONER BEFORE THE VANIAMKULAM GRAMA PANCHAYAT.** - **EXHIBIT P18 TRUE COPY OF THE APPLICATION FOR PERMIT DATED 02-07-2016 SUBMITTED BY THE PETITIONER BEFORE VANIAMKULAM GRAMA PANCHAYAT.** - **EXHIBIT P18(A) TRUE COPY OF THE ACKNOWLEDGEMENT DATED 02-07-2016 ISSUED TO THE PETITIONER FROM VANIAMKULAM GRAMA PANCHAYAT WITH RESPECT TO EXHIBIT P18** - **EXHIBIT P19 TRUE COPY OF THE ORDER DATED 02-07-2016 ISSUED TO THE PETITIONER FROM VANIYAMKULAM GRAMA PANCHAYAT.** - **EXHIBIT P20 TRUE COPY OF THE ORDER DATED 19-07-2016 ISSUED TO THE PETITIONER FROM VANIYAMKULAM GRAMA PANCHAYAT.** - **EXHIBIT P21 PHOTOGRAPH SHOWING THE POSITION OF THE SHED BUILT BY THE PETITIONER AND ALSO THE NATURE AND LIE OF THE LAND.** - **EXHIBIT P22 A TRUE COPY OF THE REPORT ON LAND USE CHANGE WITH MAP FROM THE KERALA STATE REMOTE SENSING & ENVIRONMENTAL CENTRE DATED 27.12.2016** - **EXHIBIT P23 A TRUE COPY OF THE GOVERNMENT CIRCULAR NO.994733/RA1/2016/LSGD DATED 22.12.2016** - **EXHIBIT P24 A TRUE COPY OF BUILDING TAX RECEIPT DATED 20.07.2016 WITH RESPECT TO PETITIONER'S BUILDING NO.XI/589, XI/590 FROM VANIAMKULAM PANCHAYAT** - **EXHIBIT P25 A TRUE COPY OF BUILDING TAX RECEIPTS DATED 28.10.2005 WITH RESPECT TO PETITIONER'S BUILDING NO.XI/589, XI/590.VIII/94, VIII/195 FROM VANIAMKULAM PANCHAYAT** - **EXHIBIT P26 A TRUE COPY OF RECEIPT DATED 28.2.2004 ISSUED TO THE PETITIONER FOR LICENSE FEE TO RUN PROVISION SHOP IN THE BUILDING NO.VIII/195 FROM VANIAMKULAM PANCHAYAT** - **EXHIBIT P27 A TRUE COPY OF REPORT DATED 5.11.2016 SUBMITTED BY VILLAGE OFFICER, VANIYAMKULAM II VILLAGE BEFORE THE 2ND RESPONDENT HEREIN IN PROCEEDINGS, 1957 BEFORE 2ND RESPONDENT WITH RESPECT TO PETITIONER'S PROPERTY BEARING SURVEY NO.35/6, 22/4 IN VANIYAMKULAM II VILLAGE** **WP(C).No. 28378 of 2016 (V)** ## **---------------------------** **EXHIBIT P28 A TRUE COPY OF THE APPLICATION DATED 31.8.2016 UNDER CLAUSE 6 OF KERALA LAND UTILIZATION ORDER 1967 BEFORE THE 2ND RESPONDENT** **RESPONDENT(S)' EXHIBITS** **-----------------------** **NIL** **TRUE COPY** **P.S. TO JUDGE** **EL** ## **P.B.SURESH KUMAR, J.** ## **==================** ## **W.P.(C.) Nos. 28378 of 2016 &** ## **6510 of 2017** **-----------------------------------------------------------Dated this the 11[th] day of October, 2017** ## **JUDGMENT** The properties of the petitioners referred to in the writ petitions were though paddy fields originally, they have been converted as garden lands long prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). The case of the petitioners in the writ petitions is that since the properties are described as 'Nilam' in the revenue records, in the light of the provisions contained in the Act, they are unable to obtain building permits from the local authorities concerned for construction of buildings in the properties. It is alleged by the petitioners that in the data bank prepared in terms of the Act, it is clearly mentioned that the properties are converted as garden land prior to the commencement of the Act. The petitioners, therefore, preferred **W.P.(C.) No. 28378/2016 and con. cases** **2** applications invoking Clause 6(2) of the Land Utilization Order, 1967 (Kerala), before the competent authority, seeking permission to use the properties for other purposes. Ext.P7 in W.P.(C.) No. 6510 of 2017 and Ext.P28 in W.P.(C.) No. 28378 of 2016 are the applications preferred by the petitioners under the Land Utilization Order. The grievance of the petitioners in the writ petitions concerns the inaction on the part of the competent authority under the Land Utilization Order in granting the requests made by the petitioners for use of the properties for other purposes. 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). If the provisions of the Act do not apply to the properties of the petitioners, they are entitled to make use of the same for other purposes, after obtaining permission of the competent authority under Clause 6 of the Kerala Land Utilization Order, 1967 [See **Puthan Purakkal** **W.P.(C.) No. 28378/2016 and con. cases** **3** ## **Joseph** v. **Sub Collector** (2015(3) KLT 182)]. 4. In the circumstances, the writ petitions are disposed of directing the competent authority under the Land Utilization Order to pass orders on the applications preferred by the petitioners for permission to use their properties for other purposes, in the light of the decision of this Court in **Puthan Purakkal Joseph** _(supra)_ , within one month from the date of production of a copy of this judgment by the petitioners along with copies of the respective writ petitions. The petitioners shall obtain certificates from the Conveners of the Local Level Monitoring Committee concerned under the Act to the effect that the properties are converted prior to the coming into force of the Act in terms of the Data Bank prepared under the Act and the same shall also be produced by the petitioners before the competent authority under the Land Utilisation Order along with the judgment. If the petitioners make requests for such certificates, the Conveners of the Local Level Monitoring Committees concerned shall issue such certificates on the basis of the Data Bank, if the Data Bank is finalised and if not, after satisfying the correctness of the entry in the Data Bank. Since the **W.P.(C.) No. 28378/2016 and con. cases 4** restrictions imposed by the Government for exercise of power under Clause 6 of the Land Utilization Order, in terms of Circular No.46848/P1/2016 dated 22.12.2016 have been interfered with by this Court in **Shivadasan v. Revenue Divisional Officer** [2017(3)KLT 822), the direction aforesaid shall be complied with, untrammelled by the directions in the Circular referred to above. Needless to say that if the requests of the petitioners under Clause 6 of the Land Utilization Order are granted, the petitioners shall be issued building permits by the local authorities concerned, if they are otherwise entitled for the same. sd/- SKS **P.B. SURESH KUMAR, JUDGE**