High Court of KeralaSingle JudgeWrit petitions disposed of with directions to L...
W.P.(C).Nos. 31284 of 2015 (I) and connected cases (Hareesh V.K. v. Elanthoor Grama Panchayath and others)
Case / Petition Number:WP(C).No. 31284 of 2015 (I)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P.B.SURESH KUMAR
- Judgment Date
- 2017-12-01
- Court Decision / Holding
- Writ petitions disposed of directing Local Level Monitoring Committees to consider and pass orders on applications for correction of Data Bank entries after obtaining reports from KSRSEC as to the position of the properties at the time of commencement of the Act, within three months. If the requests under Clause 6 of the Kerala Land Utilization Order are allowed, the competent authority shall issue building permits or assign building numbers, where otherwise entitled, and petitioners may pursue fresh assessments under the Kerala Land Tax Act as applicable. Orders called for in interim petitions to the extent permitted by the judgment shall stand ready for implementation consistent with the aforementioned direction.
- Final Disposition
- Writ petitions disposed of with directions to LLMCs to consider and decide data-corrections after obtaining KSRSEC reports within three months; if allowed, building permits or numbers to be issued under Clause 6 of the Kerala Land Utilization Order; further steps under the Kerala Land Tax Act as applicable; compliance within the stipulated period.
Parties to the Case
Appellants / Petitioners
- Hareesh V.K.
Respondents
- Elanthoor Grama Panchayat represented by its Secretary
- District Collector, Pathanamthitta
- Revenue Divisional Officer, Adoor
- Tahsildar, Kozhenchery
- Village Officer, Elanthoor
- Local Level Monitoring Committee, Agricultural Officer, Agricultural Office, Elanthoor
- Addl. R6 impleaded
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. T. M. Abdul Latheef
Counsels for Respondents
- • Sri Philip J. Vettickattu
- • Sri B. Premnath (E)
- • Government Pleader Smt. Raji T. Bhaskar
Case Synopsis & Summary
This batch of writ petitions challenges entries in the Data Bank maintained under the Kerala Conservation of Paddy Land and Wetland Act, 2008, for lands that petitioners say were converted from paddy to garden long before the Act came into force. The petitioners allege that, although their properties were converted prior to the Act, they continue to appear in the Data Bank and are denied building permits, proper revenue entries, or other uses. They have filed applications before Local Level Monitoring Committees seeking correction of Data Bank entries and related revenue-record corrections; some petitions seek building permits and the numbering of existing structures. The respondents and Government Pleader indicate that corrections must be examined by LLMCs by assessing the position at the Act’s commencement, with reports from the Kerala State Remote Sensing and Environment Centre (KSRSEC) and in accordance with the Kerala Land Utilization Order. The court recalls jurisprudence that pre‑Act conversions may fall outside the Act’s purview, while LLMCs are empowered to correct mistakes and permit, where appropriate, the use of land under applicable orders. The judgment disposes of the petitions by directing LLMCs to consider and pass orders on data corrections after obtaining KSRSEC reports within three months, and to act under Clause 6 of the Kerala Land Utilization Order to grant permits or numbers where permissible; payment of KSRSEC fees and subsequent steps under relevant statutes are directed as applicable.
Provisions of Law Cited
Kerala Conservation of Paddy Land and Wetland Act, 2008Kerala Land Utilization OrderClause 6 of the Kerala Land Utilization OrderKerala Land Tax Act
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that lands converted from paddy to garden prior to the Kerala Conservation of Paddy Land and Wetland Act, 2008 should not be subjected to the Act. They seek correction of Data Bank entries and revenue records, and, in some cases, building permits and numbering for structures. They rely on pre‑Act status and seek relief through Local Level Monitoring Committees and, where relevant, under the Kerala Land Utilization Order.
Contentions of Respondents
The respondents submit that corrections must be considered by LLMCs with reference to the position at the Act’s commencement and after verification by KSRSEC, following the Kerala Land Utilization Order and related provisions; the Act may apply if the pre‑Act status is not established. They advocate a cautious, evidence‑based correction process rather than automatic reversal of entries.
Cited Precedents (3)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Revenue Divisional Officer v. Jalaja Dileep | 2015(1) KLT 984 | Positive | Cited as holding that properties converted prior to the Act are not governed by the Act; used to support the proposition that pre‑Act conversions may be exempt from the Act. |
| Puthan Purakkal Joseph v. Sub Collector | 2015(3) KLT 182 | Positive | Cited to support permission to use properties under the Kerala Land Utilization Order. |
| Kizhakkambalam Grama Panchayat v. Mariumma | 2015(2) KLT 516 | Positive | Cited in the context of interpretations under the Kerala Land Utilization Order and related permissions. |
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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.B.SURESH KUMAR**
## **FRIDAY, THE 1ST DAY OF DECEMBER 2017/10TH AGRAHAYANA, 1939**
**WP(C).No. 31284 of 2015 (I) ---------------------------**
**PETITIONER:**
**-----------**
**HAREESH.V.K, AGED 55 YEARS, S/O.V.K. RAMAN, VALLIYATH VEEDU, NELLIKALA P.O., ELANTHOOR, PATHANAMTHITTA.**
**BY ADV. SRI.T.M.ABDUL LATHEEF**
**RESPONDENT(S):**
**--------------**
**1. ELANTHOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, ELANTHOOR -689 643.**
**2. THE DISTRICT COLLECTOR, PATHANAMTHITTA- 689 645.**
**3. THE REVENUE DIVISIONAL OFFICER, ADOOR - 691 523.**
**4. THE TAHSILDAR, KOZHENCHERY - 689 641. 5. THE VILLAGE OFFICER, ELANTHOOR - 689 643. *ADDL. R6 IMPLEADED**
**6. THE LOCAL LEVEL MONITORING COMMITTEE, AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, ELANTHOOR-689 643. ADDL. R6 IS IMPLEADED AS PER ORDER DATED 01.12.2017 IN IA.15868/2017. R1 BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E)**
**R2 TO R5 & ADDL.R6 BY GOVT.PLEADER SMT.RAJI.T.BHASKAR**
**THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2017 ALONG WITH WPC.38672/2017 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**mbr/**
## **WP(C).No. 31284 of 2015 (I) ----------------------------**
## **APPENDIX**
## **PETITIONERS' EXHIBITS:**
|**EXHIBIT-P1-**|**TRUE COPY OF THE JUDGMENT PASSED BY THIS**||
|---|---|---|
||**HONOURABLE COURT IN W.P(C) 31768/2014**||
||**DATED 09/01/2015.**||
|**EXHIBIT-P2-**|**TRUE COPY OF THE JUDGMENT PASSED BY THIS**||
||**HONOURABLE COURT IN COC 758/2015 IN**||
||**W.P(C) 31768/2014 DATED 09/09/2015.**||
|**EXHIBIT-P3-**|**TRUE COPY OF THE APPLICATION DATED 05/10/2015**||
||**SUBMITTED BY THE PETITIONER BEFORE THE**||
||**IST RESPONDENT.**||
|**EXHIBIT-P4-**|**TRUE COPY OF THE RECEIPT NO.E2-1473/15**||
||**DATED 20/03/2015 ISSUED BY ELANTHOOR GRAMA**||
||**PANCHAYATH.**||
|**EXHIBIT-P4(A)-**|**TRUE COPY OF THE E2-1474/15 DATED 20/03/2015**||
||**ISSUED BY THE ELANTHOOR GRAMA PANCHAYATH.**||
|**EXHIBIT-P4(B)-**|**TRUE COPY OF THE RECEIPT NO.2-1475/15**||
||**DATED 20/03/2015 ISSUED BY THE ELANTHOOR GRAMA**||
||**PANCHAYATH.**||
|**EXHIBIT-P4(C)-**|**TRUE COPY OF THE RECEIPT NO.E2-1476/15**||
||**DATED 20/03/2015 ISSUED BY THE ELANTHOOR GRAMA**||
||**PANCHAYATH.**||
|**EXHIBIT-P5-**|**TRUE COPY OF THE PETITION DATED 03/10/2015**||
||**SUBMITTED BY THE PETITIONER BEFORE THE**||
||**IST RESPONDENT.**||
|**EXHIBIT-P6-**|**TRUE COPY OF THE PETITION DATED 03/10/2015**||
||**SUBMITTED BY THE PETITIONER BEFORE THE**||
||**2ND RESPONDENT.**||
|**EXHIBIT-P7-**|**TRUE COPY OF THE JUDGMENT PASSED BY THIS**||
||**HONOURABLE COURT IN W.P(C) 21291/2015**||
||**DATED 22/07/2015.**||
|**EXHIBIT-P8-**|**TRUE COPY OF THE LETTER NO.E4890/15**||
||**DATED 28.10.2015 ISSUED TO THE PETITIONER**|**BY THE**|
||**1ST RESPONDENT.**||
|**EXHIBIT-P9-**|**TRUE COPY OF THE APPLICATION SUBMITTED BY**|**THE**|
||**PETITIONER DATED NIL.**||
|**EXHIBIT-P10-**|**TRUE COPY OF THE LETTER DATED 2.5.2009 ISSUED BY**||
||**THE ELANTHOOR GRAMA PANCHAYAT.**||
|||**--2--**|
## **--2--**
|**WP(C).No. 31284**|**of 2015 (I)**|
|---|---|
|**----------------------------**||
|**EXHIBIT-P11-**|**TRUE COPY OF THE CERTIFICATE DATED 03/2009**|
||**ISSUED BY THE DEPARTMENT OF INDUSTRIES.**|
|**EXHIBIT-P12-**|**TRUE COPY OF THE BUILDING PLAN SUBMITTED BY THE**|
||**PETITIONER.**|
|**EXHIBIT-P13-**|**TRUE COPY OF THE RECEIPT DATED 7.9.2017 ISSUED**|
||**BY THE AGRICULTURAL OFFICER.**|
|**EXHIBIT-P14-**|**TRUE COPY OF THE CERTIFICATE NO.E3-4248/17**|
||**DATED 25.8.2017 ISSUED BY THE 1ST RESPONDENT.**|
|**EXHIBIT-P15-**|**TRUE COPY OF THE APPLICATION DATED 5.8.2017**|
||**SUBMITTED BEFORE THE 5TH RESPONDENT.**|
|**EXHIBIT-P16-**|**TRUE COPY OF THE LETTER NO.381/17**|
||**DATED 25.8.2017 ISSUED BY THE 5TH RESPONDENT.**|
|**RESPONDENTS' EXHIBITS**<br>**:**<br>**NIL.**||
||**//TRUE COPY//**|
||**P.S. TO JUDGE**|
**mbr/**
## **P.B.SURESH KUMAR, J.**
**--------------------------------------------**
## **W.P.(C).Nos.31284 of 2015**
## **and**
**38672, 38686, 38708, 38709, 38723, 38731, 38732, 38733 & 38742 of 2017**
**--------------------------------------------------------------Dated this the 1[st] day of December, 2017**
## **JUDGMENT**
The case of the petitioners in this batch of writ petitions is that the properties owned by them as referred to in the writ petitions were originally paddy lands, but converted as garden lands several years prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). It is alleged by the petitioners that though the properties were converted as garden lands prior to the introduction of the Act, the properties are included in the Data Bank prepared under the Act and as such, they are unable to make use of the
W.P.(c).No.31284 of 2015 & con. cases : 2 :
properties for other purposes including construction of buildings. It is alleged in some of the writ petitions that the building permits applied for by the petitioners therein are not being considered for the aforesaid reason. In some other writ petitions, it is alleged that the buildings constructed by the petitioners therein are not being numbered on account of the said reason. According to the petitioners, since the properties were converted prior to the Act, the same should not have been shown in the Data Bank. The petitioners have preferred applications before the Local Level Monitoring Committees concerned for correction of the entries relating to their properties in the Data Banks and the applications preferred by the petitioners for the said purpose are part of the records. The petitioners seek directions in these writ petitions to the Local Level Monitoring Committees concerned to correct the entires in the Data Bank in relation to their properties. They also seek orders for correction of the entry relating to their properties in the revenue records. Some of the petitioners, among others,
W.P.(c).No.31284 of 2015 & con. cases : 3 :
seek directions to the local authorities concerned to grant building permits applied for by them and some others seek directions to the local authorities concerned to assign numbers to the buildings constructed by them on the strength of the building permits issued to them.
2. Heard the learned counsel for the petitioners as also the learned Government Pleader.
3. If the properties of the petitioners are converted prior to the Act, the provisions of the Act would not apply to the same, as held by the Apex Court in **Revenue Divisional Officer** v. **Jalaja Dileep** (2015(1) KLT 984). But, the question whether the properties are converted prior to the Act as claimed by the petitioners is a matter to be considered by the Local Level Monitoring Committees at the first instance. It is all the more so since the Local Level Monitoring Committees are empowered to correct the mistake, if any, in the Data Bank. True, if the provisions of the Act would not apply to the properties of the petitioners, they are entitled to make use of the properties for other
W.P.(c).No.31284 of 2015 & con. cases : 4 :
purposes including construction of buildings, after obtaining permission of the competent authority under the Kerala Land Utilization Order [See **Puthan Purakkal Joseph** v. **Sub Collector** (2015(3) KLT 182)].
In the aforesaid facts and circumstances, the writ petitions are disposed of directing the Local Level Monitoring Committees concerned to consider and pass orders on the applications preferred by the petitioners for correction of the Data Bank, after obtaining reports from the Kerala State Remote Sensing and Environment Centre (KSRSEC) as to the position of the properties at the time of commencement of the Act. The petitioners shall pay the fees stipulated by the KSRSEC for issuing their report if directed so by the Conveners of the Local Level Monitoring Committees. Needless to say that in cases where reports have already been called for from the KSRSEC at the expense of the petitioners pursuant to the interim orders passed in the writ petitions, orders shall be passed on the strength of the said reports. The direction aforesaid shall be complied with,
W.P.(c).No.31284 of 2015 & con. cases : 5 :
within three months from the date of receipt of a copy of this judgment. If the requests made by the petitioners are allowed, they are entitled to prefer applications invoking Clause 6 of the Kerala Land Utilization Order before the competent authority viz, the District Collector/the Revenue Divisional Officer for permission to make use of the properties for other purposes, in cases where applications have not been filed by the petitioners for the said purpose and in that event, the competent authority under the Kerala Land Utilization Order shall pass orders on those applications within one month from the date of production of the decision of the Local Level Monitoring Committee and the application under the Kerala Land Utilization Order, wherever applicable, along with a copy of the writ petition, in the light of the decision of this Court in **Puthan Purakkal Joseph** _(supra),_ untrammelled by Circular No.46848/P1/2016 dated 22.12.2016 issued by the Government. If the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, the petitioners shall be issued building
W.P.(c).No.31284 of 2015 & con. cases : 6 :
permits or assigned building numbers, as the case may be, if they are otherwise entitled for the same, by the local authorities concerned. Needless to say that if the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, they will also be entitled to move the authorities under the Kerala Land Tax Act for fresh assessment of the lands as garden lands and if such requests are made by the petitioners, the same shall also be considered by the said authorities, in the light of **Kizhakkambalam Grama Panchayat v. Mariumma** (2015(2) KLT 516), within one month from the date of their respective requests.
Sd/- **P.B.SURESH KUMAR JUDGE**
rsr