## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN**
**FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941**
## **WP(C).No.23762 OF 2019(U)**
## **PETITIONER:**
## **AJITH KUMAR**
**S/O. LATE MANI, KORATH HOUSE,PLOT NO.14, TRS COLONY, OLAVAKKODE P.O., PALAKKAD DISTRICT-678 002, REPRESENTED BY POWER OF ATTORNEY RAJESH.S. AGED 42 YEARS, S/O. SUBRAMANIAN, RAJESH BHAVANAM, KUNNATHURMEDU P.O., MANAPPULLIKAVU, PALAKKAD DISTRICT-678 013**
**BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH**
## **RESPONDENTS:**
**1 THE REVENUE DIVISIONAL OFFICER VIDYUT NAGAR, PALAKKAD, PALAKKAD DISTRICT-678 001 2 TAHSILDAR, PALAKKAD TALUK OFFICE, NEAR CIVIL STATION, YAKKARA, PALAKKAD P.O., PALAKKAD-678 001 3 VILLAGE OFFICER, KODUMBU VILLAGE, NEAR MURUGAN TEMPLE, KODUMBU P.O., PALAKKAD678 551**
## **SRI.MANURAJ K.J, GP**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, ALONG WITH WP(C).23766/2019(U), WP(C).23786/2019(W), WP(C).25789/2019(W), WP(C).25795/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.23762 OF 2019(U)& con.cases**
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# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN**
**FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941**
## **WP(C).No.23766 OF 2019(U)**
## **PETITIONER:**
**RATHEESH MANNAZHIYIL S/O. RADHAKRISHNAN, KORATH HOUSE, VII/402, PADMALAYAM, PAMBADY WEST P. O., PALAKKAD DISTRICT - 680588, REPRESENTED BY ITS POWER OF ATTORNEY RAJESH S., AGED 42 YEARS, S/O. SUBRAMANIAN, RAJESH BHAVANAM, KUNNATHURMEDU P. O., MANAPPULLIKAVU, PALAKKAD DISTRICT - 678013.**
**BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH**
## **RESPONDENTS:**
**1 THE REVENUE DIVISIONAL OFFICER VIDYUT NAGAR, PALAKKAD, PALAKKAD DISTRICT - 678001. 2 TAHASILDAR PALAKKAD TALUK OFFICE, NEAR CIVIL STATION, YAKKARA, PALAKKAD P.O., PALAKKAD - 678001. 3 VILLAGE OFFICER KODUMBU VILLAGE, NEAR MURUGAN TEMPLE, KODUMBU P. O., PALAKKAD - 678551.**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, ALONG WITH WP(C).23762/2019(U), WP(C).23786/2019(W), WP(C).25789/2019(W), WP(C).25795/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.23762 OF 2019(U)& con.cases**
**3**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN**
**FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941**
## **WP(C).No.23786 OF 2019(W)**
## **PETITIONER:**
**SWAPNA AGED 34 YEARS**
**W/O. SIVAPRASAD, NIRMALAYAM, PULLODE P.O, ERIMAYOOR VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT 678 545**
**BY ADVS.**
**SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH**
## **RESPONDENTS:**
**1 THE REVENUE DIVISIONAL OFFICER VIDYUT NAGAR, PALAKKAD, PALAKKAD DISTRICT 678 001**
- **2 TAHASILDAR,**
**PALAKKAD TALUK OFFICE, NEAR CIVIL STATION, YAKKARA, PALAKKAD P.O, PALAKKAD 678 001**
- **3 VILLAGE OFFICER,**
**KODUMBU VILLAGE, NEAR MURUGAN TEMPLE, KODUMBU P.O, PALAKKAD 678 551**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, ALONG WITH WP(C).23762/2019(U), WP(C).23766/2019(U), WP(C).25789/2019(W), WP(C).25795/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.23762 OF 2019(U)& con.cases**
**4**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN**
**FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941**
## **WP(C).No.25789 OF 2019(W)**
## **PETITIONER:**
**CHANDRIKA.M. AGED 37 YEARS W/O.DEVANAND.S, FEDERAL FORT APARTMENTS, E-1, MANAPPULLIKAVU, KUNNATHURMEDU.P.O., PALAKKAD DISTRICT678013**
**BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH**
## **RESPONDENTS:**
**1 THE REVENUE DIVISIONAL OFFICER VIDYUT NAGAR, PALAKKAD PALAKKAD DISTRICT-678001 2 TAHASILDAR PALAKKAD TALUK OFFICE, NEAR CIVIL STATION, YAKKARA, PALAKKAD.P.O., PALAKKAD-678001 3 VILLAGE OFFICER KODUMBU VILLAGE, NEAR MURUGAN TEMPLE, KODUMBU.P.O., PALAKKAD-678551**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, ALONG WITH WP(C).23762/2019(U), WP(C).23766/2019(U), WP(C).23786/2019(W), WP(C).25795/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.23762 OF 2019(U)& con.cases**
**5**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN**
**FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941**
**WP(C).No.25795 OF 2019(Y)**
## **PETITIONER:**
**POORNIMA K., AGED 31 YEARS W/O.A.H.SUBIN,ARIPPARA HOUSE, THIRUVAZHIYODE.P.O,NEMMARA, PALAKKAD DISTRICT-679514.**
**BY ADVS. SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH**
## **RESPONDENTS:**
- **1 THE REVENUE DIVISIONAL OFFICER VIDYUT NAGAR,PALAKKAD,PALAKKAD DISTRICT-678001.**
- **2 TAHASILDAR, PALAKKAD TALUK OFFICE,NEAR CIVIL STATION,YAKKARA,PALAKKAD.P.O, PALAKKAD-678001.**
- **3 VILLAGE OFFICER, KODUMBU VILLAGE,NEAR MURUGAN TEMPLE,KODUMBU.P.O,PALAKKAD678551.**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.10.2019, ALONG WITH WP(C).23762/2019(U), WP(C).23766/2019(U), WP(C).23786/2019(W), WP(C).25789/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(C).No.23762 OF 2019(U)& con.cases**
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## **J U D G M E N T**
The petitioners in these cases impugn the orders issued by the Revenue Divisional Officer under the provisions of the Kerala Land Utilization Order (KLU Order for short), as per which, their applications preferred under the provisions of the said Order have been allowed; however, imposing conditions as are sanctioned by Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 'Paddy Land Act' for short).
2. The petitioners say that they had started constructions in the properties concerned on the strength of a valid permission issued by the respondent - Grama Panchayat and that when such construction was progressing, they were issued with stop memos, which were challenged by them in various writ petitions, leading to Ext.P4 judgment in all these cases. They say that, as is evident from Ext.P4 judgment, the property was found to be not included in the Data Bank prepared by the concerned Local Level Monitoring Committee (LLMC for short) under the provisions of the Paddy Land Act and therefore, that the stop memo was interdicted and liberty was granted to the petitioners to pursue their applications,
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which were then pending, under the KLU Order.
3. The petitioners say, it is thereafter, that the impugned orders have been issued by the Revenue Divisional Officer but incorporating the conditions as are permitted under Section 27A of the Paddy Land Act. The petitioners contend that the conditions in the impugned orders are totally untenable going by the judgment of this Court in **Geo Peter v. Revenue Divisional Officer, Muvattupuzha and Another [2019 (4) KHC 400]** and therefore, that they be set aside and the petitioners be permitted to enjoy the benefit of the orders impugned in these cases without such conditions.
4. The learned Government Pleader - Sri.Manu Raj K.J, appearing on behalf of the official respondents, submits that he has only instructions with respect to two of these cases, but concedes that Ext.P4 judgment of this Court has now become final. He says that whether the conditions imposed in the impugned orders are tenable or otherwise can be considered only if the entire factual circumstances are analyzed and evaluated but admits that if the applications of the petitioners were made prior to the amendment of the Paddy Land Act incorporating Section 27A and attendant provisions, namely on
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or before 30.12.2017, the said applications will have to be considered under the KLU Order, as has been declared by this Court in **Geo Peter** (supra) **.** He, therefore, says that if this Court is so inclined, the Revenue Divisional Officer is willing to reconsider the whole matter in view of **Geo Peter** (supra).
5. When I consider the afore submissions, it becomes obvious, going by the declaration in Ext.P4, that the petitioners had approached the Revenue Divisional Officer under the KLU Order even prior to the said judgment, which was delivered before 30.12.2017. Therefore, it is prima facie evident that these applications were preferred before that date and consequently, going by the declaration in **Geo Peter** (supra), the Revenue Divisional Officer could not have imposed the impugned conditions.
6. However, since the learned Government Pleader submits that he does not have full instructions in these matters, I do not deem it apposite to make an affirmative declaration at this point of time and deem it more appropriate to leave it to the Revenue Divisional Officer to reconsider the conditions imposed in the impugned order, after affording an opportunity of being heard to the petitioners and adverting specifically to the
**WP(C).No.23762 OF 2019(U)& con.cases**
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declarations in **Geo Peter** (surpa).
The afore exercise shall be completed by the Revenue Divisional Officer as expeditiously as is possible but not later than one month from the date of receipt of a copy of this judgment and the resultant order will be issued to the petitioners without any further delay.
Needless to say, until such time as the afore exercise is completed, the impugned conditions in the orders concerned, will not be put into effect and will be subject to further decision to be taken by the Revenue Divisional Officer.
These writ petitions are thus ordered.
**Sd/-**
**DEVAN RAMACHANDRAN**
rp
**JUDGE**
**WP(C).No.23762 OF 2019(U)& con.cases**
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## **APPENDIX OF WP(C) 23762/2019**
|**PETITIONER'S/S EXHIBITS:**||
|---|---|
|**EXHIBIT P1**|**TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DRAFT**|
||**DATA BANK ISSUED BY THE 3RD RESPONDENT**|
|**EXHIBIT P2**|**TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE 3RD**|
||**RESPONDENT DATED 06/10/2016 BEARING NO.181/2016**|
||**(5) ISSUED BY THE 3RD RESPONDENT**|
|**EXHIBIT P3**|**TRUE PHOTOCOPY OF THE REPORT DATED 21/02/2017**|
||**FILED IN WPC 38377/2016 BY THE RESPONDENTS**|
|**EXHIBIT P4**|**TRUE PHOTOCOPY OF THE JUDGMENT DATED 26/07/2017**|
||**IN W.P() NO.38377 OF 2016**|
|**EXHIBIT P5**|**TRUE PHOTOCOPY OF THE APPLICATION UNDER CLAUSE 62**|
||**OF THE KERALA LAND UTILISATION ORDER 1967 DATED**|
||**01/11/2016 FILED BEFORE THE 1ST RESPONDENT**|
||**(MARKED AS EXHIBIT P3 IN WPC 38377 OF 2016)**|
|**EXHIBIT P6**|**TRUE PHOTOCOPY OF THE RECEIPT EVIDENCING PAYMENT**|
||**OF PROPERTY TAX DATED 04/06/20-19 BEARING**|
||**NO.A1952426**|
|**EXHIBIT P7**|**TRUE PHOTOCOPY OF THE ORDER DATED 1/12/2018**|
||**BEARING NUMBER J-3721/17 ISSUED BY THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P8**|**TRUE PHOTOCOPY OF THE ORDER DATED 22/03/2019 IN**|
||**COC NO.2351 OF 2018**|
**WP(C).No.23762 OF 2019(U)& con.cases**
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## **APPENDIX OF WP(C) 23766/2019**
## **PETITIONER'S/S EXHIBITS:**
|**EXHIBIT P1**|**TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DRAFT**|
|---|---|
||**DATA BANK ISSUED BY THE 3RD RESPONDENT**|
|**EXHIBIT P2**|**TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE 3RD**|
||**RESPONDENT DATED 06.10.2016 BEARING**|
||**NO.181/2016(7) ISSUED BY THE 3RD RESPONDENT**|
|**EXHIBIT P3**|**TRUE PHOTOCOPY OF THE REPORT DATED 21.02.2017**|
||**FILED IN WPC 38349/2016 BY THE RESPONDENT**|
|**EXHIBIT P4**|**TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.07.2017**|
||**IN WPC NO.38349 OF 2016**|
|**EXHIBIT P5**|**TRUE PHOTOCOPY OF THE APPLICATION UNDER CLAUSE 62**|
||**OF THE KERALA LAND UTILISTAION ORDER, 1967 DATED**|
||**01.11.2016 FILED BEFORE THE 1ST RESPONDENT**|
||**(MARKED AS EXHIBIT P3 IN WPC 38349 OF 2016)**|
|**EXHIBIT P6**|**TRUE PHOTOCOPY OF THE RECEIPT EVIDENCING PAYMENT**|
||**OF PROPERTY TAX DATED 17.04.2019 BEARING**|
||**NO.119010100339**|
|**EXHIBIT P7**|**TRUE PHOTOCOPY OF THE ORDER DATED 11.12.2018**|
||**BEARING NUMBER J-3723/17 ISSUED BY THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P8**|**TRUE PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN**|
**WP(C).No.23762 OF 2019(U)& con.cases**
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## **APPENDIX OF WP(C) 23786/2019**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK ISSUED BY THE 3RD RESPONDENT.**
**EXHIBIT P2 TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT DATED 06.10.2016 BEARING NO.181/2016(8) ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE REPORT DATED 18.03.2017 IN WPC NO.34057 OF 2016.**
**EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.07.2017 IN WPC NO.34057 OF 2016.**
**EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION UNDER CLAUSE 62 OF THE KERALA LAND UTILISATION ORDER, 1967 DATED 03.10.2016 FILED BEFORE THE 1ST RESPONDENT (MARKED AS EXHIBIT P3 IN WPC 34057 OF 2016). EXHIBIT P6 TRUE PHOTOCOPY OF THE RECEIPT EVIDENCING PAYMENT OF PROPERTY TAX DATED 03.06.2019 BEARING NO.11900101213. EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER DATED 11.12.2018 BEARING NUMBER J-3720/2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN COC NO.2239 OF 2018.**
**WP(C).No.23762 OF 2019(U)& con.cases**
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## **APPENDIX OF WP(C) 25789/2019**
## **PETITIONER'S/S EXHIBITS:**
|**EXHIBIT P1**|**TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DRAFT**|
|---|---|
||**DATA BANK ISSUED BY THE 3RE RESPONDENT**|
|**EXHIBIT P2**|**TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE 3RD**|
||**RESPONDENT DATED 06.10.2016 BEARING**|
||**NO.181/2016(1) ISSUED BY THE 3RD RESPONDENT**|
|**EXHIBIT P3**|**TRUE PHOTOCOPY OF THE REPORT DATED 25.02.2017**|
||**FILED IN WPC.34440/2016 BY THE RESPONDENTS**|
|**EXHIBIT P4**|**TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.07.2017**|
||**IN WP9C)NO.34440 OF 2016**|
|**EXHIBIT P5**|**TRUE PHOTOCOPY OF THE APPLICATION UNDER CLAUSE 62**|
||**OF THE KERALA LAND UTILISATION ORDER, 1967 DATED**|
||**03.10.2016 FILED BEFORE THE 1ST RESPONDENT**|
||**(MARKED AS EXHIBIT P3 IN WPC.34440 OF 2016)**|
|**EXHIBIT P6**|**TRUE PHOTOCOPY OF THE RECEIPT EVIDENCING PAYMENT**|
||**OF PROPERTY TAX DATED 07.02.2019 BEARING**|
||**NO.118010105065**|
|**EXHIBIT P7**|**TRUE PHOTOCOPY OF THE ORDER DATED 24.11.2018**|
||**BEARING NUMBER J-3724/17 ISSUED BY THE 1ST**|
||**RESPONDENT**|
|**EXHIBIT P8**|**TRUE PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN**|
||**COC NO.1243/2018**|
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## **APPENDIX OF WP(C) 25795/2019**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT DATED-06/10/2016 BEARING NO.181/2016(4)ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE REPORT DATED 24/04/2017 FILED IN WP(C)NO.34049/2016 BY THE RESPONDENTS. EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGEMENT DATED 26/07/2017 IN W.P(C)NO.34049 OF 2016. EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION UNDER CLAUSE 62 OF THE KERALA LAND UTILISATION ORDER,1967 DATED 03/10/2016 FILED BEFORE THE 1ST RESPONDENT (MARKED AS EXHIBIT P3 IN WPC.34049 OF 2016). EXHIBIT P6 TRUE PHOTOCOPY OF THE RECEIPT EVIDENCING PAYMENT OF PROPERTY TAX DATED 13/02/2019 BEARING NO.118010105254. EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER DATED 11/12/2018 BEARING NUMBER J-3722/17 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE PHOTOCOPY OF THE ORDER DATED 22/03/2019 IN COC NO.2354 OF 2018.**