T. Usman and others v. District Collector, Alappuzha; Sub Collector/Revenue Divisional Officer, Ambalappuzha; Tahsildar, Ambalapuzha; Village Officer, Mannancherry; Agricultural Officer, Mannancherry Agricultural Office

**WP(C) NO. 26417 OF 2022** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WP(C) NO. 26417 OF 2022** ## **PETITIONER/S:** 1 T. USMAN AGED 52 YEARS RESIDING AT THIRUNILATH HOUSE PANIKKAR PADI, KUTTIPALA P.O. MALAPPURAM, PIN - 676501 2 P.KUNHALAN AGED 65 YEARS S/O. KUNHALAVI PANGINIKKATTIL HOUSE, RANDATHANI (PO) MALAPPURAM, PIN - 676510 3 P.PATHUMOL AGED 61 YEARS W/O. HAMZA HAJI RESIDING AT NAZEEB MANZIL PANIKKAR PADI, KUTTIPALA P.O. MALAPPURAM, PIN - 676501 4 A.K.PAREED AGED 70 YEARS S/O. KOCHAHAMMED KUTTOOR NORTH P.O., (VIA) A.R.NAGAR MALAPPURAM, PIN - 676305 BY ADVS. C.G.PREETHA N.G.ANITHA DR.ABHILASH O.U. **WP(C) NO. 26417 OF 2022** **2** ## **RESPONDENT/S:** 1 THE DISTRICT COLLECTOR CIVIL STATION, PALACE ROAD ALAPPUZHA, PIN - 688001 2 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER DISTRICT CT WAY ROAD, KIDANGAMPARAMP THONDANKULANGARA, THATHAMPALLY ALAPPUZHA, PIN - 688013 3 TAHASILDAR TALUK OFFICE, AMBALAPUZHA, KIDANGAMPARAMP SDV SCHOOL ROAD, AMBALAPUZHA ALAPPUZHA, PIN - 688013 4 VILLAGE OFFICER MANNANCHERRY VILLAGE OFFICE MANNANCHERRY, AMBALAPUZHA TALUK ALAPUZHA, PIN - 688538 5 THE ARGRICULTURAL OFFICER MANNANCHERRY ARGRICULTURAL OFFICE MANNANCHERRY, AMBALAPUZHA TALUK ALAPUZHA, PIN - 688538 ## **OTHER PRESENT:** SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 26417 OF 2022** **3** ## **P.V.KUNHIKRISHNAN, J** ## **--------------------------------------W.P.(C) No.26417 of 2022 -------------------------------------Dated this the 29[th] day of August, 2022** ## **JUDGMENT** ## The above writ petition is filed with following prayers : i. “To issue of a writ of certiorari call for the records leading to the passing of Ext.P10 and quash the same as illegal. ii. To issue a writ of mandamus directing the 3[rd] respondent to reconsider and pass orders on Ext.P9 representation in the light of the directions in the judgment in W.P.(C.) No. 1270 of 2016 and W.P.(C.) No. 37274 of 2015. iii. To declare that petitioners are entitled for getting their land assessed as purayidam under Section 6A of the Land Tax Act in compliance with the judgment in W.P.(C.) No. 1270 of 2016. iv. To declare that the petitioners are entitled for getting their land assessed as purayidam under Sec.6A of the Land Tax Act without following any procedures laid down under Kerala Conservation of Paddy Land and Wetland Act, 2008 v. To dispense with filing of the translation of vernacular **WP(C) NO. 26417 OF 2022** **4** documents. vi. To issue such other writs, orders or directions as this Honourable Court may deem fit, proper and just as to the circumstances of the case.” [SIC] 2. The petitioners are in absolute possession and joint ownership of 32.28 ares of land comprised in Re-survey No. 49/1/1 of Mannancherry Village, Ambalapuzha Taluk, Alappuzha District. As per Ext.P1 judgment, this Court found that the subject property is converted land and permitted the petitioners to approach the authority under the Kerala Land Utilization Order for changing the utilization of the land. Later, as per Exts.P4 and P5 judgment, this Court permitted the user of the subject property for any purpose in accordance with law including the construction of residential as well as commercial building. It was further observed that if an application is submitted for re-assessment of the land tax under the provisions of the Land Tax Act, the same shall be considered within an outer time limit specified in the judgment. Ext.P9 is the **WP(C) NO. 26417 OF 2022 5** application submitted by the petitioners before the 3[rd] respondent. The said application is considered by the 3[rd] respondent and Ext.P10 communication is issued stating that the petitioners have to file a Form-5 application as the property is included in the Data Bank. Aggrieved by the same, this writ petition is filed. 3. Heard the learned counsel for the petitioners and the learned Government Pleader. 4. This Court perused Exts.P1, P4 and P5 judgments. It will be better to extract the relevant portion of Ext.P4 judgment. “This land is included as converted land in the draft data bank. In such scenario, the Collector cannot command the holder of land to cultivate any other foodcrops in terms of Clause 7 of the KLU Order. It is to be noted that the enabling provision in terms of the KLU Order can be exercised for the purpose of which such power is vested and not for any other purposes. Since the land has become unfit to utilize for paddy cultivation, necessarily, the Collector has to grant permission in terms of Clause 6 of the KLU Order to permit the petitioner to utilize the land for other purposes. In that view of the matter, the condition imposed is set aside. **WP(C) NO. 26417 OF 2022** **6** The petitioner is free to utilize the land for any other purposes in accordance with law including construction of residential as well as commercial buildings. However, to safeguard the interest of neighbouring owners, appropriate condition can be imposed by the Sub Collector, if they propose to impose any condition. Such condition shall be imposed within a period of four weeks from the date of receipt of a copy of this judgment.” ## 5. Similarly in Ext.P5 judgment, this Court observed like this : “3. In the light of the declaration in Ext.P9 judgment, this Court is of the view that, Ext.P10 order has become redundant. It is ordered further that, the petitioner is free to utilize the land in accordance with law. However, it is open for the petitioner to approach the Tahsildar to assess the land tax under Section 6A of Land Tax Act. If the petitioner makes such a request for reassessment of land tax under Section 6A of the Land Tax Act, the same shall be considered by the Tahsildar within a period of two months from the date of receipt of such an application, in the light of the decision reported in Kizhakkambalam Grama Panchayath v. Mariumma [2015 (2) KLT 516]. ” 6. In the light of the above judgments of this Court, according to me, Ext.P10 will not stand. In similar situation, this **WP(C) NO. 26417 OF 2022** **7** Court in judgment dated 8.2.2022 in W.P.(C.) No. 22081/2021 set aside similar order. 7. Therefore, according to me, Ext.P10 is unsustainable. No Form-5 application is necessary in the facts and circumstances of this case. Hence, Ext.P10 can be set aside. Therefore, this writ petition is allowed in the following manner : 1) Ext.P10 is set aside. - 2) The 3[rd] respondent is directed to reconsider the matter in the light of the specific directions in Exts.,P4 and P5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. SD/- ## **P.V.KUNHIKRISHNAN JUDGE** SKS **WP(C) NO. 26417 OF 2022** **8** ## **APPENDIX OF WP(C) 26417/2022** PETITIONER EXHIBITS - EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN W.P.(C.)NO 20662 OF 2015 PASSED BY THIS HON'BLE COURT DATED 16.07.2015 - EXHIBIT P2 THE TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 13.10.2015 - EXHIBIT P3 THE TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 25.11.2015 - EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN W.P.(C.)NO 37274 OF 2015 PASSED BY THIS HON'BLE COURT DATED 09.12.2015 - EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN W.P.(C.)NO 1270 OF 2016 PASSED BY THIS HON'BLE COURT DATED 13.01.2016 - EXHIBIT P6 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 19.01.2016 - EXHIBIT P7 THE TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT AND THE ACKNOWLEDGEMENT THEREOF DATED 17.3.2018 EXHIBIT P8 THE TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT AND THE ACKNOWLEDGEMENT THEREOF DATED 09.12.2021 **9** ## **WP(C) NO. 26417 OF 2022** EXHIBIT P9 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 07.05.2022 EXHIBIT P10 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE TAHSILDAR TO THE 1ST PETITIONER DATED 30.06.2022