High Court of KeralaSingle Judge2022-06-06Petitions allowed; Ext.P2’s 27A condition struc...

W.P.(C) Nos. 22772, 22597 & 22838 of 2020

Case / Petition Number:WP(C) Nos. 22772/2020, 22597/2020 & 22838/2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2022-06-06
Court Decision / Holding: Writ petitions allowed in part. Ext.P2 is to the extent it mandates permission under Section 27A of the 2018 Act set aside. Section 27A cannot be imposed on pending applications; Ext.P3 applications should be re‑considered in light of this observation. The matter is disposed by directing the 5th respondent to pass appropriate orders consistent with this ruling.
Final Disposition: Petitions allowed; Ext.P2’s 27A condition struck down to the extent of pending pre‑2018 applications; remand to consider Ext.P3 in light of the above; no retroactive applicability of Section 27A to pre‑enactment filings.

Parties to the Case

Appellants / Petitioners

Robin Thomas
Leela M.P.
Thomas Ittikkuru

Respondents

State of Kerala
Land Revenue Commissioner
District Collector, Ernakulam
Revenue Divisional Officer, Fort Kochi
Tahsildar, Paravoor
Village Officer, Kunnukara
District Collector, Thrissur
Revenue Divisional Officer, Irinjalakuda
Tahsildar, Chalakudy
Village Officer, Thirumukkulam
Village Officer, Puthenvelikkara

Legal Representation & Advocates

Counsels for Petitioners

• Adv Avaneesh Koyikkara

Counsels for Respondents

• Smt. Deepa Narayanan, Sr.GP

Case Synopsis & Summary

Three connected writ petitions, challenging an Ext.P2 order passed under the Kerala Land Utilisation Order and imposing a condition to obtain permission under Section 27A of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act, 2018. The petitioners (Robin Thomas; Leela M.P.; Thomas Ittikkuru) submitted applications before 30.12.2017, arguing that the Land Utilisation Order alone should apply and the 2018 amendment cannot be retroactively invoked against pre‑enactment applications. Counsel for petitioners urged that Ext.P2’s 27A requirement is unsustainable and sought quashing of that portion. The Government Pleader supported the view that the amendment and KLU Order govern, but the court, invoking the principle from District Collector, Ernakulam v. Fr. Jose Uppani (2020 (4) KHC 394), held that Section 27A cannot be applied to cases where applications were pending prior to the coming into force of the provision. Consequently, Ext.P2 to the extent it makes permission under the 2018 Act mandatory is set aside; the 5th respondent is to re‑examine Ext.P3 applications in light of this observation. The judgment disposes all three petitions with a unified order, directing a fresh assessment under the existing regime and ensuring pre‑enactment applicants are not subjected to retroactive Section 27A obligations.

Provisions of Law Cited

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

Legal Doctrines & Maxims

Non-retroactivity / prospective operation of amendments
Judicial reliance on precedents to interpret amended provisions (e.g., District Collector, Ernakulam v. Fr. Jose Uppani and Others, 2020 (4) KHC 394)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that Ext.P2 imposes a requirement to obtain permission under Section 27A of the 2018 Act even though their applications were filed before 30.12.2017. They urged that the Land Utilisation Order (KLU Order) alone should apply to pre‑2018 cases and that the 2018 amendment cannot operate retroactively. They urged quashing of that portion of Ext.P2 that subjects such applications to 27A compliance and sought fresh consideration under Ext.P3 in light of this principle.

Contentions of Respondents

The respondents contended that the KLU Order and the 2018 amendment govern the land utilisation regime and that the 27A provision should be applicable as per the legislative scheme. They maintained that the government’s directive to obtain 27A permission is a legitimate requirement to protect Paddy Land and Wetlands, and that pre‑enactment applications cannot be exempted merely on the ground of timing.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
District Collector, Ernakulam and Others v. Fr. Jose Uppani and Others	2020 (4) KHC 394	Positive	The judgment relies on this decision to hold that Section 27A cannot be applied to cases where applications were pending prior to the coming into force of the provision.
W.P.(C) No. 27567/2020	27567/2020	Mentioned Only	Judgment is listed as an exhibit (Exhibit P6A) and referenced for context, but not centrally relied upon in the reasoning.
W.P.(C) No. 4501/2017	4501/2017	Mentioned Only	Exhibit P5 refers to this judgment; cited as background material rather than central authority in the decision.
W.P.(C) No. 12155/2017	12155/2017	Mentioned Only	Exhibit P4A references this judgment; used for background without direct reliance in the reasoning.
W.P.(C) No. 12136/2017	12136/2017	Mentioned Only	Exhibit P3/Appendix cites this judgment; not central to the main reasoning.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ## **`MONDAY, THE 6[TH] DAY OF JUNE 2022 / 16TH JYAISHTA, 1944`** ## **`WP(C) NO. 22772 OF 2020`** ## **`PETITIONER/S:`** ``` ROBIN THOMAS, AGED 36 YEARS S/O ROBIN THOMAS,CHAKKIATH HOUSE, AYROOR POST,ERNAKULAM DISTRICT, PIN-683579. ``` ``` BY ADV AVANEESH KOYIKKARA ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA,REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.` - `2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE,PUBLIC OFFICE BUILDING,MUSEUM JN,THIRUVANANTHAPURAM-695033.` - `3 THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD POST,ERNAKULAM-682030.` - `4 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,REVENUE DIVISIONAL OFFICE,KB JACOB RD,FORT KOCHI,KOCHI HEAD POST,ERNAKULAM-682001.` - `5 TAHSILDAR,PARAVOOR,PARAVOOR TALUK OFFICE, 1ST FLOOR,SUBREGISTRAR OFFICE, POLICE STATION ROAD,PARAVOOR POST,ERNAKULAM DISTRICT,PIN-683513.` - `6 VILLAGE OFFICER, KUNNUKARA,KUNNUKARA VILLAGE OFFICE,KUNNUKARA POST,ERNAKULAM DISTRICT,PIN-683578.` ## **`OTHER PRESENT:`** ``` SMT.DEEPA NARAYANAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, ALONG WITH WP(C).22597/2020, 22838/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -2- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 6[TH] DAY OF JUNE 2022 / 16TH JYAISHTA, 1944 WP(C) NO. 22597 OF 2020`** ## **`PETITIONER/S:`** ``` LEELA M.P.,AGED 57 YEARS W/O KUNJAPPAN.M.K,KUNNATH HOUSE, KUNDOOR POST,THRISSUR DIST, PIN-680734. ``` ``` BY ADV AVANEESH KOYIKKARA ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.` - `2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE,PUBLIC OFFICE BUILDING,` - `MUSEUM JN,THIRUVANANTHAPURAM-695033.` - `3 THE DISTRICT COLLECTOR,THRISSUR, COLLECTORATE,CIVIL STATION, CIVIL LINES ROAD,AYYANTHOLE POST, THRISSUR DIST.,PIN-680003.` - `4 THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,REVENUE DIVISIONAL OFFICE,CIVIL STATION ANEX,IRINJALAKUDA POST,THRISSUR DIST.,PIN-680125.` - `5 TAHSILDAR, CHALAKKUDY,CHALAKKUDY TALUK OFFICE, 3RD FLOOR,MUNICIPAL TOWN HALL COMPLEX, MAIN ROAD,OLD HWY,CHALAKUDY POST, THRISSUR DT.,PIN-680307.` -3- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 ``` 6VILLAGE OFFICER, THIRUMUKKULAM,THIRUMMUKKULAM VILLAGE OFFICE,KUZHUR POST,THRISSUR DIST., PIN-680734. ``` ## **`OTHER PRESENT:`** ``` SMT.DEEPA NARAYANAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, ALONG WITH WP(C).22772/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -4- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 6[TH] DAY OF JUNE 2022 / 16TH JYAISHTA, 1944 ``` ``` WP(C) NO. 22838 OF 2020 ``` ## **`PETITIONER/S:`** ``` THOMAS ITTIKKURU AGED 70 YEARS S/O.ITTIKKURU,CHAKKIATH HOUSE,AYROOR POST, ERNAKULAM DIST.,PIN-683579. BY ADV AVANEESH KOYIKKARA ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.` - `2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING,MUSEUM JN, THIRUVANANTHAPURAM-695033.` - `3 THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD POST,ERNAKULAM-682030.` - `4 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,REVENUE DIVISIONAL OFFICE,KB JACOIB RD,FORT KOCHI, KOCHI HEAD POST,ERNAKULAM-682001.` - `5 TAHSILDAR, PARAVOOR,PARAVOOR TALUK OFFICE, 1ST FLOOR,SUB REGISTRAR OFFFICE, POLICE STATION ROAD,PARAVOOR POST,ERNAKULAM DISTRICT,PIN-683513.` -5- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 ``` 6VILLAGE OFFICER, PUTHENVELIKKARA,PUTHENVELIKKARA VILLAGE OFFICE,THURUTHIPURAM EAST,PUTHENVELIKARA POST,ERNAKULAM DISTRICT,PIN-683594. ``` ## **`OTHER PRESENT:`** ``` SMT.DEEPA NARAYANAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, ALONG WITH WP(C).22772/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -6- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== W.P.(C) Nos. 22772, 22597 & 22838 of 2020 ============================================================= Dated this the 6[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.P2 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.P2 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 -7- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 Conservation of Paddy Land and Wetland (Amendment) Act, 2018 shall be obtained is unsustainable, is the contention. 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 Ext.P5 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 -8- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 Land and Wetland (Amendment) Act, 2018 is made applicable in these cases. Therefore, these writ petitions are allowed in the following manner: 1. Ext.P2 in these writ petitions to the extents it says that permission is necessary under ordinance dated 30.12.2017 is set aside. 2.The 5[th] respondent is directed to consider and pass appropriate orders in Ext.P3 application in the light of the above observation. sd/- **P.V.KUNHIKRISHNAN JUDGE** das -9- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 ## **`APPENDIX OF WP(C) 22597/2020`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1 ``` ``` EXHIBIT P2 ``` ``` THE TRUE COPY OF THE APPLICATION FILED DATED 14/01/2017 UNDER THE KLU ORDER BEFORE 3RD RESPONDENT ``` ``` THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 4TH RESPONDENT DATED 25/05/2019 ``` ``` EXHIBIT P3THE TRUE COPY OF THE APPLICATION DATED 24/08/2019 FOR RE-ASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT ON 03/09/2019. ``` ``` EXHIBIT P4A COPY OF THE ACKNOWLEDGEMENT CARD DATED 02.02.2017. ``` ``` Exhibit P5 ``` ``` Exhibit P5A COPY OF THE JUDGMENT IN WPC NO.4501/2017 DATED 13.07.2017. Exhibit P6A COPY OF THE JUDGMENT IN WPC NO.27567/2020 DATED 13.12.2021. ``` -10- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 ## **`APPENDIX OF WP(C) 22838/2020`** ``` PETITIONER EXHIBITS EXHIBIT P1THE TRUE COPY OF THE APPLICATION FILED DATED 04/03/2017 UNDER THE KLU ORDER BEFORE 3RD RESPONDENT. EXHIBIT P2THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 3RD RESPONDENT DATED 14/03/2019 EXHIBIT P3THE TRUE COPY OF THE APPLICATION DATED 04/04/2019 FOR RE ASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT ON 16/05/2019 ALONG WITH POSTAL ACKNOWLEDGEMENT. Exhibit P4A COPY OF THE JUDGMENT IN WPC NO.12155/2017 DATED 08-11-2017. Exhibit P5A COPY OF THE JUDGMENT IN WPC NO.27567/2020 DATED 13-12-2021. ``` -11- W.P.(C). Nos. 22772, 22597 & 22838 of 2020 ## **`APPENDIX OF WP(C) 22772/2020`** ``` PETITIONER EXHIBITS EXHIBIT P1THE TRUE COPY OF THE APPLICATION FILED DATED 04/03/2017 UNDER THE KLU ORDER BEFORE 3RD RESPONDENT EXHIBIT P2THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER ISSUED BY THE 3RD RESPONDENT DATED 14/03/2019 EXHIBIT P3THE TRUE COPY OF THE APPLICATION DATED 04/04/2019 FOR RE ASSESSMENT/FRESH ASSESSMENT OF LAND TAX SUBMITTED BEFORE 5TH RESPONDENT ON 17/05/2019 ALONG WITH POSTAL ACKNOWLEDGEMENT CARD. Exhibit P4A COPY OF THE JUDGMENT IN WPC.NO.12136/2017 DATED 23/11/2017. Exhibit P5A COPY OF JUDGMENT IN WPC.NO.27567/2020 DATED 13/12/2021. ```