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High Court of KeralaSingle JudgeWrit petitions allowed; Ext.P3 partially set as...

W.P.(C.) Nos. 12139/2022, 12215/2022, 12266/2022 and 12346/2022 (connected)

Case / Petition Number:WP(C) Nos. 12139/2022, 12215/2022, 12266/2022, 12346/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2022-06-10
Court Decision / Holding
The writ petitions are allowed in part. The impugned Ext.P3 to the extent it states that Section 27A of the 2018 Amendment is applicable to these pre‑enactment pending cases is set aside. The competent authority shall consider Ext.P4 and pass appropriate orders in accordance with law as expeditiously as possible, within one month from receipt of a copy of this judgment.
Final Disposition
Writ petitions allowed; Ext.P3 partially set aside; Respondents directed to act under Ext.P4 and dispose in accordance with law within one month.

Parties to the Case

Appellants / Petitioners

  • Sinimol
  • Pakru
  • Sijimol
  • Meharban

Respondents

  • State of Kerala represented by its Secretary, Revenue Department, Government Secretariat, Thiruvananthapuram-695001
  • The Land Revenue Commissioner, Commissionerate of Land Revenue, Public Office Building, Museum Jn, Thiruvananthapuram-695033
  • The District Collector, Thrissur, Collectorate, Civil Station, Ayanthole P.O., Thrissur-680003
  • The Revenue Divisional Officer, Thrissur, Revenue Divisional Office, Thrissur, First Floor, Civil Station, Ayanthole, P.O., Thrissur-680003
  • Tahsildar, Mukundapuram, Mukundapuram Taluk Office, Chemmanda Road, Irinjalakuda North P.O., Thrissur District-680125
  • Village Officer, Kattoor, Kattoor Village Office, Thrissur District-680702
  • SMT.Vidya KuriaKose, GP

Legal Representation & Advocates

Counsels for Petitioners

  • • Lindons C. Davis
  • • E. U. Dhanya Swathy
  • • A.P.

Counsels for Respondents

  • • Government Pleader

Case Synopsis & Summary

The four connected writ petitions challenge a condition imposed by Ext.P3 under the Kerala Land Utilisation Order, read with Section 27A of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018. Petitioners had submitted applications prior to 30 December 2017, before the amendment came into force, seeking relief under the pre-existing regime. Ext.P3 purportedly made permission under 27A mandatory; petitioners contend that the amendment cannot be applied to pending applications and that Ext.P3 wrongly anchors the required consent to a date when the amendment was not yet in effect. Relying on the precedent in District Collector, Ernakulam and others v. Fr. Jose Uppani and Others (2020 (4) KHC 394) that 27A cannot be made applicable to pre-enactment pending cases, the court holds that Ext.P3’s 27A linkage must be curtailed for these petitions. The court notes a binding earlier decision dated 13.12.2021 in W.P.(C.) No.27567 of 2020 and others, and allows the petitions by setting aside that portion of the impugned order which declares 27A applicable. The competent authorities are directed to consider Ext.P4 and pass appropriate orders in accordance with law within one month, preserving pre-amendment rights while enabling post-amendment compliance where applicable.

Provisions of Law Cited

Section 27A of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018Kerala Land Utilisation Order (KLU Order)Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018Ordinance dated 30.12.2017

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that Ext.P3 imposes permission under the Kerala Land Utilisation Order for Section 27A, a regime that was intended to apply prospectively to new cases after 30.12.2017. Because the petitions were filed before that date, invoking 27A is impermissible; Ext.P2/Ext.P3 thus misapplies the amendment and leaves petitioners in a harsher pre-enactment regime. They rely on the decision in District Collector, Ernakulam v. Fr. Jose Uppani (2020 (4) KHC 394) and the 13.12.2021 judgment in W.P.(C) No.27567 of 2020 to contend that 27A cannot be invoked in pre-enactment pending cases. They seek setting aside the relevant portion of Ext.P3 and a direction to proceed under the pre-amendment framework, with Ext.P4 to be considered in accordance with law within a short time.

Contentions of Respondents

The respondents contend that the amendment and the KLU Order are valid instruments and that Ext.P3 appropriately linked 27A to the petitioners’ cases. They argue that, notwithstanding the pre-enactment filing, compliance with the amendment or transitional directions is permissible when schemes under the KLU Order are involved. They seek to uphold Ext.P3 and the eventual action under Ext.P4 as lawful and necessary to ensure proper land-use regulation and Paddy Land/Wetland protection.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
District Collector, Ernakulam and others v. Fr. Jose Uppani and others2020 (4) KHC 394PositiveCited to support the proposition that Section 27A cannot be applied to cases where the applications were pending prior to the date of coming into force of the provision.
W.P.(C.) No.27567 of 2020 and other cases(13.12.2021 Judgment)PositiveCited as authority showing that the issue was settled regarding pre-amendment pending cases, forming the basis for relief granted in the present petitions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

_WP(C) NO. 12139/2022 & conn.cases_ _1_ ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 10[TH] DAY OF JUNE 2022 / 20TH JYAISHTA, 1944** ## **WP(C) NO. 12139 OF 2022** **PETITIONER/S:** SINIMOL AGED 41 YEARS W/O. NAJUMUDHEEN, PUTHIYA VEETTIL HOUSE, KAIPAMANGALAM P.O., THRISSUR DT-680 681 BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P. ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THELAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JN, THIRUVANANTHAPURAM-695 033 3 THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE , CIVIL STATION, AYYANTHOLE P.O., THRISSUR-680 003 4 THE REVENUE DIVISIONAL OFFICER, THRISSUR, REVENUE DIVISIONAL OFFICE, THRISSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE P.O., THRISSUR-680 003 5 TAHSILDAR MUKUNDAPURAM, MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD, IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT-680 125 6 VILLAGE OFFICER, KATTOOR, KATTOOR VILLAGE OFFICE, THRISSUR DISTRICT-680 702 SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, ALONG WITH WP(C).12215/2022, 12266/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: _WP(C) NO. 12139/2022 & conn.cases_ _2_ ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 10[TH] DAY OF JUNE 2022 / 20TH JYAISHTA, 1944** ## **WP(C) NO. 12215 OF 2022** ## **PETITIONER/S:** PAKRU, AGED 74 YEARS S/O. MAMMU, AMBALATH VEETTIL, NATTIKA AMSOM, NATTIKA DESOM, THALIKULAM P.O., THRISSUR DISTRICT 680 569. BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P. ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JN, THIRUVANANTHAPURAM 695 033. 3 THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE , CIVIL STATION, AYYANTHOLE P.O., THRISSUR 680 003. 4 THE REVENUE DIVISIONAL OFFICER, THRISSUR, REVENUE DIVISIONAL OFFICE, THRISSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, P.O., THRISSUR 680 003. 5 TAHSILDAR, MUKUNDAPURAM, MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD, IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT 680 125. 6 VILLAGE OFFICER, KATTOOR , KATTOOR VILLAGE OFFICE, THRISSUR DISTRICT 680 702. SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, ALONG WITH WP(C).12139/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: _WP(C) NO. 12139/2022 & conn.cases_ _3_ ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 10[TH] DAY OF JUNE 2022 / 20TH JYAISHTA, 1944** ## **WP(C) NO. 12266 OF 2022** **PETITIONER/S:** SIJIMOL AGED 44 YEARS W/O MUHAMMED SHERAFFUDHEEN, PUTHIYA VEETTIL HOUSE, NATTIKA P.O.THRISSUR DISTRICT-680 566. BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P. ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANAANTHAPURAM-695 001 2 THE LAND REVENUE COMMISSIONER COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JN, THIRUVANANTHAPURAM-695 033. 3 THE DISTRICT COLLECTOR, THRISSUR, COLLECTRATE, CIVIL STATION, AYYANTHOLE P.O.THRISSUR680 003 4 THE REVENUE DIVISIONAL OFFICER THRISSUR, REVENUE DIVISIONAL OFFICE, THIRSSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE P.O.THRISSUR-680 003. 5 TAHSILDAR, MUKUNDAPURAM, MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD, IRINJALAKUDA NORTH P.O.THRISSUR DISTRICT-680 125 6 VILLAGE OFFICER, KATTOOR, KATTOOR VILLAGE OFFICE, THRISSUR DISTRICT-680 702 SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, ALONG WITH WP(C).12139/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: _WP(C) NO. 12139/2022 & conn.cases_ _4_ ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 10[TH] DAY OF JUNE 2022 / 20TH JYAISHTA, 1944** ## **WP(C) NO. 12346 OF 2022** ## **PETITIONER/S:** MEHARBAN AGED 66 YEARS W/O PAKRU, AMBALATH VEETTIL, NATTIKA AMSOM, NATTIKA DESOM, THALIKULAM P.O.THRISSUR DISTRICCT-680 569. BY ADVS. LINDONS C.DAVIS E.U.DHANYA SWATHY A.P. ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JN, THIRUVANANTHAPURAM-695 033. 3 THE DISTRICT COLLECTOR, THRISSUR, COLLECTRATE, CIVIL STATION, AYYANTHOLE P.O.THRISSUR680 003. 4 THE REVENUE DIVISIONAL OFFICER, THRISSUR, REVENUE DIVISIONAL OFFICE, THRISSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE P.O.THRISSUR-680 003 5 TAHSILDAR, MUKUNDAPURAM, MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD, IRINJALAKUDA NORTH P.O.THRISSUR DISTRICT-680 125 6 VILLAGE OFFICER, KATTOOR, KATTOOR VILLAGE OFFICE, THRISSUR DISTRICT-680 702 SMT.DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, ALONG WITH WP(C).12139/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: _WP(C) NO. 12139/2022 & conn.cases_ _5_ ## **P.V.KUNHIKRISHNAN, J** **-------------------------------------------W.P.(C.) Nos. 12139, 12215, 12266 & 12346 of 2022 -------------------------------------Dated this the 10[th] day of June, 2022** ## **JUDGMENT** These three writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment. 2. The condition to comply under Section 27A of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018 imposed in Ext.P3 order passed under the Kerala Land Utilisation Order is challenged in all these three writ petitions. The counsel for the petitioners submitted that admittedly Ext.P3 order was passed based on the applications submitted before 30.12.2017. Therefore, the Land Utilisation Order alone is applicable. Hence, the condition in Ext.P2 order to the effect that, orders under Section 27A of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018 shall be obtained is unsustainable, is the contention. _WP(C) NO. 12139/2022 & conn.cases_ _6_ 3. Heard the counsel for the petitioners and the learned Government Pleader. 4. The issue in these writ petitions is settled in the light of the judgment dated 13.12.2021 in W.P.(C) No.27567 of 2020 and other cases. It will be better to extract paragraph 3 of the above judgment here: “ 3. In the light of the judgment in **District Collector, Ernakulam and others** v. **Fr.Jose Uppani and others [2020 (4) KHC 394],** Section 27A cannot be made applicable to cases where the applications were pending prior to the date of coming into force of the provision.” In such circumstances, these writ petitions can be allowed setting aside that portion of the impugned order, by which it is stated that Section 27A of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018 is made applicable in these cases. Therefore, these writ petitions are allowed in the following manner: 1. Ext.P3 in these writ petitions to the extents it says that permission is necessary under ordinance dated _WP(C) NO. 12139/2022 & conn.cases_ _7_ ## 30.12.2017 is set aside. 2. The competent authority among the respondents will take up Ext.P4 and pass appropriate orders in it, in accordance to law as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. SD/- **JUDGE** **P.V.KUNHIKRISHNAN** SKS _WP(C) NO. 12139/2022 & conn.cases_ _8_ ## **APPENDIX OF WP(C) 12215/2022** PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RECEIPT DATED 12.03.2022. Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 15.10.2016 UNDER THE KLU ORDER BEFORE 3RD RESPONDENT. Exhibit P3 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 3RD RESPONDENT DATED 30.04.2018. Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM A ALONG WITH THE COVERING LETTER DATED 18.03.2022 FOR RE ASSESSMENT FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE THE 5TH RESPONDENT _WP(C) NO. 12139/2022 & conn.cases_ _9_ ## **APPENDIX OF WP(C) 12266/2022** PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF TAX RECEIPT DATED 12.3.2022 Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 15.10.2016 UNDER THE KLU ORDER BEFORE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 4TH RESPONDENT DATED 30.4.2018 Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM A ALONG WITH THE COVERING LETTER DATED 18.3.2022 FOR REASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT _WP(C) NO. 12139/2022 & conn.cases_ _10_ ## **APPENDIX OF WP(C) 12346/2022** PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF TAX RECEIPT DATED 12.3.2022 Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 15.10.2016 UNDER THE KLU ORDER BEFORE 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 4TH RESPONDENT DATED 30.4.2018 Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM A ALONG WITH THE COVERING LETTER DATED 18.3.2022 FOR RE ASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT _WP(C) NO. 12139/2022 & conn.cases_ _11_ ## **APPENDIX OF WP(C) 12139/2022** PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 12.03.2022 Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 15.10.2016 UNDER THE KLU ORDER BEFORE THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 3RD RESPONDENT DATED 30.04.2018 Exhibit P4 THE TRUE COPY OF THE APPLICATION IN FORM A ALONG WITH THE COVERING LETTER DATED 18.03.2022 FOR RE ASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT