High Court of KeralaSingle Judge2023-04-04Writ petitions disposed of with directions to t...

W.P.(C) Nos. 9713/2023, 9666/2023, 9675/2023 and 10080/2023

Case / Petition Number:WP(C) Nos. 9713/2023, 9666/2023, 9675/2023 and 10080/2023

Neutral Citation:/null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2023-04-04
Court Decision / Holding: There will be a direction to the 2nd respondent to take up, consider and pass orders on Exhibit P3 applications submitted by the petitioners under Clause 6(2) of the KLUO, in terms of the judgments relied on by the petitioners and taking note of Exhibits P4 and P5, within a period of two months from the date of receipt of a copy of this judgment.
Final Disposition: Writ petitions disposed of with directions to the 2nd respondent to consider and pass orders on Exhibit P3 applications under Clause 6(2) of the KLUO within two months from receipt of the judgment copy, following the guidance of the cited judgments and the accompanying exhibits.

Parties to the Case

Appellants / Petitioners

Shibu Punnan
Shera Mathew
Mini Susan John
Punnoose George

Respondents

District Collector, Kottayam
Revenue Divisional Officer / Sub-Collector, Kottayam
Agricultural Field Officer, Krishi Bhavan Kottayam
Village Officer, Nattakom Village, MARIYAPILLY P.O., Kottayam District

Legal Representation & Advocates

Counsels for Petitioners

• P.K. Soyuz
• E.V. Babychan

Counsels for Respondents

• Sri. Appu P.S. – GP

Case Synopsis & Summary

These writ petitions challenge the inaction of the 2nd respondent in considering Exhibit P3 applications filed by the petitioners under Clause 6 of the Kerala Land Utilization Order (KLUO) for conversion of land use in Nattakom Village, Kottayam. The petitioners, who own jointly significant extents of land in Re-survey Nos. 356/2-3, 356/3, 356/4, 356/1 and other parcels in Block No.18 of Nattakom Village, seek permission to use portions of their properties for other purposes, based on land tax receipts and data bank records. They rely on Exhibit P4 reports prepared by the Village Officer, and Exhibit P5 directions by the District Collector directing consideration of their applications under Clause 6(2) of KLUO. They contend that the applications are to be governed by the KLUO and not by the Kerala Conservation of Paddy Land and Wetland Act, 2008, particularly because Section 27A was introduced later. They cite Geo Peter v. Revenue Divisional Officer (2019) and Renji K. Paul v. RDO Muvattupuzha (2019) to argue that, even where amendments to the Paddy Land Act exist, KLUO should govern the disposition of the applications. The court, after hearing counsel, directs the 2nd respondent to take up, consider and pass orders on Exhibit P3 applications under Clause 6(2) KLUO, in terms of the judgments relied on, and having regard to Exhibits P4 and P5, within two months of receipt of a copy of this judgment.

Provisions of Law Cited

Clause 6(2) of the Kerala Land Utilization Order (KLUO)Kerala Conservation of Paddy Land and Wetland Act, 2008Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that Exhibit P3 applications (dated 02.11.2016) were filed under Clause 6 of the Kerala Land Utilization Order (KLUO) seeking permission to use their land for other purposes. Exhibit P4 (Village Officer’s report) and Exhibit P5 (District Collector’s directive) show a clear path to consider the applications under Clause 6(2) of the KLUO. They rely on the court’s decisions in Geo Peter v. Revenue Divisional Officer and Renji K. Paul v. RDO Muvattupuzha to argue that applications submitted before the incorporation of Section 27A must be governed by KLUO, not by the Paddy Land Act, and that data-bank status should not bar consideration. They seek a direction to the 2nd respondent to process the P3 applications in light of P4/P5 within a specified timeframe.

Contentions of Respondents

Not explicitly stated in the judgment excerpt; the record shows the court heard counsel and issued directions rather than detailing formal counter submissions.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Geo Peter v. Revenue Divisional Officer	2019 (3) KLT 838	Positive	The court noted Geo Peter to support the position that applications under KLUO should be considered under KLUO provisions, even where related amendments exist.
Renji K. Paul v. RDO Muvattupuzha	2019 (2) KLT 262	Positive	The judgment relied on Renji K. Paul to reinforce that KLUO governs such applications in the cited context.
W.P.C. 7080 of 2023	W.P.C. No. 7080 of 2023	Mentioned Only	Referenced as Exhibit P6 in appendices; not a central authority for the decision but listed among materials.

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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 MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945** **WP(C) NO. 9713 OF 2023** ## **PETITIONER:** SHIBU PUNNAN AGED 61 YEARS S/O PUNNAN KOTTUKULATH HOUSE, THRIKOTHAMANGALAM P.O, CHANGANACHERRY , KOTTAYAM DISTRICT, PIN - 68601 BY ADVS. P.K.SOYUZ E.V.BABYCHAN 1 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT , COLLECTORATE, CIVIL STATION, COLLECTORATE P.O, KOTTAYAM DISTRICT, PIN - 686002 2 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, KOTTAYAM REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, KOTTAYAM P.O KOTTAYAM DISTRICT,, PIN - 686001 3 THE AGRICULTURAL FIELD OFFICER , KRISHI BHAVAN KOTTAYAM, MARIYAPILLY P.O, KOTTAYAM DISTRICT, PIN - 686013 4 THE VILLAGE OFFICER NATTAKOM VILLAGE , MARIYAPILLY P.O KOTTAYAM DISTRICT, PIN - 686013 BY SRI.APPU.P.S-GP ## **RESPONDENTS:** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, ALONG WITH WP(C).9666/2023, 9675/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9713 OF 2023 AND CONNECTED CASES 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 WP(C) NO. 9666 OF 2023** ## **PETITIONER:** SHERA MATHEW, AGED 55 YEARS D/O MATHEW CHAKKALAPARAMBIL HOUSE, PUTHANANGADI, KOTTAYAM P.O, KOTTAYAM DISTRICT, PIN - 68600 BY ADVS. P.K.SOYUZ E.V.BABYCHAN 1 THE DISTRICT COLLECTOR . , KOTTAYAM DISTRICT , COLLECTORATE, CIVIL STATION, COLLECTORATE P.O, KOTTAYAM DISTRICT, PIN -, PIN - 686002 2 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR . , KOTTAYAM REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, KOTTAYAM P.O KOTTAYAM DISTRICT, PIN - 686001 3 THE AGRICULTURAL FIELD OFFICER , KRISHI BHAVAN KOTTAYAM, MARIYAPILLY P.O, KOTTAYAM DISTRICT, PIN - 686013 4 THE VILLAGE OFFICER NATTAKOM VILLAGE , MARIYAPILLY P.O KOTTAYAM DISTRICT., PIN - 686013 BY SRI.APPU.P.S-GP ## **RESPONDENTS:** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, ALONG WITH WP(C).9713/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9713 OF 2023 AND CONNECTED CASES 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945** ## **WP(C) NO. 9675 OF 2023** ## **PETITIONER:** MINI SUSAN JOHN AGED 55 YEARS D/O JOHN PALLIPATTU HOUSE, MUTTAMBALAM P.O, KOTTAYAM DISTRICT ,, PIN - 686004 BY ADVS. P.K.SOYUZ E.V.BABYCHAN ## **RESPONDENTS:** 1 THE DISTRICT COLLECTOR . , KOTTAYAM DISTRICT , COLLECTORATE, CIVIL STATION, COLLECTORATE P.O, KOTTAYAM DISTRICT, PIN - 686002 2 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, . KOTTAYAM REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, KOTTAYAM P.O KOTTAYAM DISTRICT, PIN - 686001 3 THE AGRICULTURAL FIELD OFFICER . , KRISHI BHAVAN KOTTAYAM, MARIYAPILLY P.O, KOTTAYAM DISTRICT, PIN - 686013 4 THE VILLAGE OFFICER NATTAKOM VILLAGE , MARIYAPILLY P.O KOTTAYAM DISTRICT, PIN - 686013 BY SRI.APPU.P.S-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, ALONG WITH WP(C).9713/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9713 OF 2023 AND CONNECTED CASES 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945** ## **WP(C) NO. 10080 OF 2023** **PETITIONER:** PUNNOOSE GEORGE AGED 62 YEARS S/O GEORGE KOTTUKULATH HOUSE, MUTTAMBALAM P.O , KOTTAYAM DISTRICT, PIN - 686004 BY ADVS. P.K.SOYUZ E.V.BABYCHAN 1 THE DISTRICT COLLECTOR , KOTTAYAM DISTRICT , COLLECTORATE, CIVIL STATION, COLLECTORATE P.O, KOTTAYAM DISTRICT, PIN - 686002 2 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, KOTTAYAM REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, KOTTAYAM P.O KOTTAYAM DISTRICT,, PIN - 686001 3 THE AGRICULTURAL FIELD OFFICER , KRISHI BHAVAN KOTTAYAM, MARIYAPILLY P.O, KOTTAYAM DISTRICT-, PIN - 686013 4 THE VILLAGE OFFICER NATTAKOM VILLAGE , MARIYAPILLY P.O KOTTAYAM DISTRICT. PIN, PIN - 686013 BY SRI.APPU.P.S-GP ## **RESPONDENTS:** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, ALONG WITH WP(C).9713/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.9713 OF 2023 AND CONNECTED CASES 5 ## **ANU SIVARAMAN, J.** ========================= ## **W.P.(C) Nos.9713, 9666, 9675 and 10080 of 2023** ========================= Dated this the 4[th] day of April, 2023 ## **JUDGMENT** These writ petitions are filed seeking directions to the 2[nd] respondent to consider Exhibit P3 applications in the light of Exhibit P4 reports of the Village Officer. 2. Heard the learned counsel appearing for the petitioners and the learned Government Pleader. 3. It is submitted by the learned counsel for the petitioners that the petitioner in W.P.(C) No.9713 of 2023 is in joint ownership of 115.34 Ares, the petitioner in W.P.(C) No.9666 of 2023 is in joint ownership of 102.30 Ares, the petitioner in W.P.(C) No. 9675 of 2023 is in joint ownership of 113.60 Ares and the petitioner in W.P.(C) No. 10080 of 2023 is in joint ownership of 66.80 Ares of land in Re.survey Nos.356/2-3, 356/3, 356/4, 356/2, 357/4-2, 357/5, 357/4-1, 355/3-1, 355/3-2 and WP(C) NO.9713 OF 2023 AND CONNECTED CASES 6 356/1 respectively in Block No.18 of Nattakom Village, Kottayam Taluk, Kottayam District. The petitioners had preferred Exhibit P3 applications before the 2[nd] respondent seeking permission for using the property for other purposes in terms of Clause 6(2) of the Kerala Land Utilization Order. The said applications are dated 02.11.2016. It is submitted that Exhibit P4 reports were generated by the Village Officer on the said applications and Exhibit P5 directions were also issued by the District Collector to consider the applications in terms of Clause 6(2) of the KLU Order. 4. Learned counsel for the petitioners submits that the applications are liable to be considered in the light of the judgments of this Court in **Geo Peter v. Revenue Divisional Officer** [2019 (3) KLT 838] and **Renji K.Paul v. RDO Muvattupuzha** [2019 (2) KLT 262]. It is the case of the petitioners that this Court had specifically held that where applications had been submitted under the KLU Order before Section 27A was WP(C) NO.9713 OF 2023 AND CONNECTED CASES 7 incorporated by amendment in the Kerala Conservation of Paddy Land and Wetland Act, 2008, the applications are to be considered in accordance with the provisions of the KLU Order and not under the Kerala Conservation of Paddy Land and Wetland Act, 2008. It is further submitted that reading of Exhibit P4 reports would show that the property is not included in the data bank and that the applications are therefore, liable to be considered. Having considered the contentions advanced, there will be a direction to the 2[nd] respondent to take up, consider and pass orders on Exhibit P3 applications submitted by the petitioners under Clause 6(2) of the KLU Order in terms of the judgments relied on by the learned counsel for the petitioners and taking note of Exhibits P4 and P5, within a period of two months from the date of receipt of a copy of this judgment. **Sd/ANU SIVARAMAN JUDGE** SSK/04/04 WP(C) NO.9713 OF 2023 AND CONNECTED CASES 8 ## **APPENDIX OF WP(C) 9713/2023** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE LAND TAX RECEIPT DATED| ||25.01.2020| |Exhibitp2|TRUE COPY OF THE RELEVANT PAGES OF NOTIFIED| ||DATA BANK OF KOTTAYAM MUNICIPALITY DATED| ||19.01.2021| |ExhibitP3|TRUE COPY OF THE APPLICATION FILED BY THE| ||PETITIONER UNDER CLAUSE 6 OF KLUO DATED| ||02.11.2016| |ExhibitP4|TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH| ||RESPONDENT DATED 03.03.2023| |ExhibitP5|TRUE COPY THE OF THE LETTER ISSUED BY THE| ||1ST RESPONDENT TO THE 2ND RESPONDENT DATED| ||04.03.2023| |ExhibitP6|TRUE COPY OF THE JUDGMENT IN W.PC NO. W.PC| ||NO. 7080 OF 2023 DATED 03.03.2023| WP(C) NO.9713 OF 2023 AND CONNECTED CASES 9 ## **APPENDIX OF WP(C) 9675/2023** PETITIONER EXHIBITS ExhibitP1 A TRUE COPY OF THE LAND TAX RECEIPT WITH RESPECT TO T P NO. 13301 DATED 25.01.2020 Exhibitp1(a) . A TRUE COPY OF THE LAND TAX RECEIPT WITH RESPECT TO TP NO. T P NO. 13372 DATED 25.01.2020 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF NOTIFIED DATA BANK OF KOTTAYAM MUNICIPALITY DATED 19.01.2021 ExhibitP3 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER CLAUSE 6 OF KLUO DATED 02.11.2016 ExhibitP4 . A TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 31.12.2022 ExhibitP5 A TRUE COPY THE OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 30.01.2023 ExhibitP6 . A TRUE COPY OF THE JUDGMENT IN W.PC NO. W.PC NO. 7080 OF 2023 DATED 03.03.2023 WP(C) NO.9713 OF 2023 AND CONNECTED CASES 10 ## **APPENDIX OF WP(C) 9666/2023** |PETITIONER EXHIBITS|| |---|---| |ExhibitP1|TRUE COPY OF THE LAND TAX RECEIPT DATED| ||25.01.2020| |Exhibit P2|TTRUE COPY OF THE RELEVANT PAGES OF NOTIFIED| ||DATA BANK OF KOTTAYAM MUNICIPALITY DATED| ||19.01.2021| |Exhibit P3|TRUE COPY OF THE APPLICATION FILED BY THE| ||PETITIONER UNDER CLAUSE 6 OF KLUO DATED| ||02.11.2016| |ExhibitP4|TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH| ||RESPONDENT DATED 18.01.2023| |ExhibitP5|TRUE COPY THE OF THE LETTER ISSUED BY THE| ||1ST RESPONDENT TO THE 2ND RESPONDENT DATED| ||08.02.2023| |ExhibitP6|TRUE COPY OF THE JUDGMENT IN W.PC NO. 7080| ||OF 2023 DATED 03.03.2023| WP(C) NO.9713 OF 2023 AND CONNECTED CASES 11 ## **APPENDIX OF WP(C) 10080/2023** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.02.2020 Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF NOTIFIED DATA BANK OF KOTTAYAM MUNICIPALITY DATED 19.01.2021 Exhibit p3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER CLAUSE 6 OF KLUO DATED 02.11.2016 ExhibitP4 TRUE COPY OF THE REPORT SUBMITTED BY THE 4 TH RESPONDENT DATED 03.03.2023 Exhibitp5 TRUE COPY THE OF THE LETTER ISSUED BY THE 1 ST RESPONDENT TO THE 2 ND RESPONDENT DATED 04.03.2023 Exhibit p6 TRUE COPY OF THE JUDGMENT IN W.PC NO. 7080 OF 2023 DATED 03.03.2023