Vijayagopalan N.M. and Komalam Amma v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941** **WP(C).No.4726 OF 2020(M)** ## **PETITIONERS:** - **1 VIJAYAGOPALAN N.M. AGED 76 YEARS S/O. MEENAKSHI AMMA, MINEERAKANDATHU HOUSE, KALLUPARAMPIL, VALLANGHI VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT, PIN-678 508.** - **2 KOMALAM AMMA W/O. VIJAYAGOPALAN N.M., MINEERAKANDATHU HOUSE, KALLUPARAMPIL, VALLANGHI VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT, PIN-678 508.** **BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.C.A.ANUPAMAN SRI.T.B.SIVAPRASAD SRI.C.Y.VIJAY KUMAR SMT.MANJU E.R.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DISTRICT COLLECTOR PALAKKAD, COLLECTORATE, CIVIL STATION, PALAKKAD, PIN-678 001.** - **3 THE REVENUE DIVISIONAL OFFICER PALAKKAD, PIN-678 001.** - **4 THE TAHSILDAR CHITTOOR TALUK, TALUK OFFICE, PALAKKAD DISTRICT, PIN-678 101.** - **5 THE VILLAGE OFFICER VALLANGI VILLAGE, PALAKKAD DISTRICT, PIN-678 508.** W.P(C) No.4726 of 2020 2 **6 THE LOCAL LEVEL MONITORING COMMITTEE NENMARA GRAMAPANCHAYAT, NENMARA, PALAKKAD-678 508 REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, VALLANGHI VILLAGE, NENMARA.** ## **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P(C) No.4726 of 2020 3 ## **ALEXANDER THOMAS, J.** **=========================== W.P(C) No.4726 of 2020 ===========================** Dated this the 19[th] day of February, 2020 ## **JUDGMENT** The main contentions urged by the petitioners are as follows: (a) That the impugned Ext.P-16 notice is requiring the petitioners to pay land value of the property for changing the nature of the land is ultra vires the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 inasmuch as the petitioners submitted Ext.P-5 application as early as on 23.01.2015 and Ext.P-11 application as early as on 09.12.2017, which is much before 31.12.2017, the date on which the amended provisions of the abovesaid Act came into force. (b) The 3[rd] respondent is legally liable to be directed to change nature of the land of the petitioner covered by Exts.P-1 to P-4 in the light of Ext.P-15 order without insisting for payment of the land value of the property, etc., in the light of the dictum laid down by this Court in decisions as in _**Renjith K.Paul v. Revenue Divisional Officer**_ [2019 (2) KLT 262] and _**Geo Peter v. Revenue Divisional Officer**_ [2019 (3) KLT 838]. 2. Heard Sri.C.S.Manu, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Government Pleader W.P(C) No.4726 of 2020 4 appearing for respondents. 3. The specific case of the petitioners is that the subject property has been converted as garden land long prior to the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and further it is the specific case of the petitioner that Ext.P-5 application has been filed as early as on 23.01.2015 under the enabling provisions contained under Rule 6(2) of the Kerala Land Utilisation Order, 1967 before the 3[rd] respondent-Revenue Divisional Officer and in that regard Ext.P-11 application has also been filed on 24.11.2017 and that as both these applications have been filed much prior to 31.12.2017, which is the date on which the amended provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, incorporating Sec.27A thereof, etc. The case of the petitioners is to be fully regulated by the provisions of the Kerala Land Utilization Order and so, none of the provisions of the 2008 Act, more particularly, Sec.27A thereof and the Rule framed thereunder can detrimentally affect the rights and claims of the petitioners, etc. In that regard, the learned counsel for the petitioners would place serious reliance on various decisions on this Court as in _**Renjith K.Paul v. Revenue Divisional Officer**_ [2019 (2) KLT 262], _**Geo Peter v. Revenue Divisional Officer**_ [2019 (3) KLT 838] & _**Shanmugam.R and another v. District Collector, Kollam and others**_ [2019 KHC W.P(C) No.4726 of 2020 5 ## 3521(DB)], etc. 4. From a reading of the impugned Ext.P-16 proceedings, it is seen that none of the abovesaid factual and legal aspects have taken duly taken into consideration by the 3[rd] respondent-RDO while issuing the impugned proceedings in Ext.P-16, whereby it has been ordered that the petitioner's case will be regulated by the more rigorous provisions contained in Sec.27A of the Act, which came into force only on 31.12.2017. Therefore, the application is longer _res integra_ and is fully covered in favour of the petitioners, as per the legal principles laid down in the aforecited judgments. In that view of the matter, it is ordered and declared that the impugned Ext.P-16 can have no leg to stand in the eye of law and is liable to be quashed and interdicted. 5. Accordingly, it is ordered that the impugned decisions as per Ext.P-16 will stand set aside and it is ordered and declared that the petitioner's case will be regulated by the provisions contained in Rule 6(2) of the Kerala Land Utilization Order and the application of the petitioners under Rule 6(2) of the Kerala Land Utilization Order will stand remitted to the 3[rd] respondent-RDO for consideration and decision afresh, after hearing the petitioners and in accordance with the provisions contained in Rule 6(2) of the Kerala Utilization Order. In that regard, it is made clear that none of the provisions contained in the amended provisions in the W.P(C) No.4726 of 2020 6 abovesaid 2008 Act including Sec.27A thereof and the Rules framed thereunder can detrimentally affect the rights and claims of the petitioners. The 3[rd] respondent-RDO will issue notice of hearing to the petitioners and after affording reasonable opportunity of being heard to the petitioners through authorized representative or counsel, if any, will pass fresh orders on the abovesaid application filed by the petitioners under Rule 6(2) of the Kerala Land Utilization Order, without much delay, preferably within a period of six weeks from the date of production of a certified copy of this judgment. While passing the order as aforestated, the 3[rd] respondent will do so in the light of the abovesaid directions and observations made by this Court hereinabove. After passing orders under Rule 6(2) of the Kerala Land Utilization Order, the petitioners will be at liberty to make request for re-assessment of the land under the provisions of the Kerala Land Tax Act for revision of the existing entries in the Basic Tax Register regarding the nature of the land. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. **Sd/-** **ALEXANDER THOMAS JUDGE** vgd W.P(C) No.4726 of 2020 7 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF DOCUMENT DATED 13.5.1970 REGISTERED AS DOCUMENT NO.583 OF 1970 OF SRO, NENMARA.** - **EXHIBIT P2 TRUE COPY OF DOCUMENT DATED 23.6.1971 REGISTERED AS DOCUMENT NO.607 OF 1971 OF SRO, NENMARA.** - **EXHIBIT P3 TRUE COPY OF DOCUMENT DATED 23.6.1971 REGISTERED AS DOCUMENT NO.608 OF 1970 OF SRO, NENMARA.** - **EXHIBIT P4 TRUE COPY OF THE BASIC TAX RECEIPT NO.M 79601 DATED 29.6.2016 ISSUED BY THE VILLAGE OFFICER, VALLANGHI VILLAGE, CHITTOOR TALUK TO THE PETITIONER.** - **EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 23.1.2015 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.** - **EXHIBIT P6 TRUE COPY OF THE REPORT DATED 9.7.2015 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE REPORT DATED 18.9.2015 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF THE LETTER BEARING NO.J 4225/2015 DATED 26.11.2015 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER.** - **EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 30.6.2016 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.** - **EXHIBIT P9(A) TRUE COPY OF DEMAND DRAFT BEARING NO.803895 DATED 19.8.2016 FOR RS.500/- DRAWN BY THE PETITIONERS ON STATE BANK OF INDIA, VADAKKENCHERRY BRANCH, PALAKKAD IN FAVOUR OF THE DISTRICT COLLECTOR, PALAKKAD.** W.P(C) No.4726 of 2020 8 **EXHIBIT P10 TRUE COPY OF TRACK DETAILS OF THE CONSIGNMENT DATED 10.9.2016 ISSUED BY INDIAN POSTAL DEPARTMENT TO THE PETITIONER. EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED 24.11.2017 SUBMITTED BY THE IST PETITIONER TO THE 6TH RESPONDENT.** **EXHIBIT P11(A) TRUE COPY OF THE POSTAL RECEIPT DATED 9.12.17 ISSUED BY THE HIGH COURT POST OFFICE BY THE IST PETITIONER.** **EXHIBIT P12 TRUE COPY OF THE APPLICATION DATED 22.1.2018 SUBMITTED BY US TO THE 3RD RESPONDENT.** - **EXHIBIT P12(A) TRUE COPY OF THE POSTAL RECEIPT DATED 25.1.2018 ISSUED BY THE SPEED POST COUNTER, ERNAKULAM.** - **EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 21.2.2018 IN WPC NO.2072 OF 2017 PASSED BY THIS HON'BLE COURT.** - **EXHIBIT P14 TRUE COPY OF THE LETTER DATED 3.3.2018 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS 3 AND 6 COMMUNICATION COPY OF THE JUDGMENT.** - **EXHIBIT P15 TRUE COPY OF THE ORDER NO.NM.A.66/2 DATED 31.12.2018 ISSUED BY THE AGRICULTURAL OFFICER, NENMARA.** **EXHIBIT P16 TRUE COPY OF THE NOTICE BEARING NO.J1189/19 DATED 18.12.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS**