High Court of KeralaSingle JudgePetition disposed of with directions to conside...

Zacharias Poomkudy v. State of Kerala & Ors.

Case / Petition Number:W. P. (C) No. 5430/2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • MOHAMMED NIAS C. P.
Judgment Date
2024-04-12
Court Decision / Holding
The writ petition is disposed of with a direction to the 5th respondent to consider Ext.P-12 with notice to the petitioner and decide, after affording an opportunity of hearing, within three months from the date of receipt of a copy of the judgment. The petitioner may produce materials, including relevant court decisions, for consideration, and the 5th respondent is to act in accordance with due process.
Final Disposition
Petition disposed of with directions to consider Ext.P-12 (application for basic tax entry) after giving the petitioner notice and hearing; the 5th respondent to decide within three months from receipt of a copy of the judgment; the petitioner may rely on additional materials and precedents during the decision-making process.

Parties to the Case

Appellants / Petitioners

  • Zacharias Poomkudy

Respondents

  • State of Kerala
  • Chief Town Planner
  • District Collector
  • Revenue Divisional Officer
  • Tahsildar(LR), Kanayannur Taluk

Legal Representation & Advocates

Counsels for Petitioners

  • • C.K.KARUNAKARAN
  • • KRISHNA SURESH
  • • MEKHA MANOJ
  • • K.V.KRISHNAKUMAR

Counsels for Respondents

  • • SMT. SHEEBA S, G.P.

Case Synopsis & Summary

Zacharias Poomkudy, recorded as the petitioner, is in possession of 1 acre 43 cents of land in Re-Sy. No. 574/5, Kakkanad, Kochi. He purchased the property in 1994 when it was already treated as converted land, and contends that the land was listed as converted in the data bank even after the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008. He claims the area lies within a Mixed Zone and that all uses permitted in such zones should be allowed up to a depth of 150 meters from the Infopark Expressway boundary, implying that the Act cannot be invoked to regulate his land use. The petitioner relies on this Court’s judgments including State of Kerala v. Binu Mathew Chacko (and related LLMC precedents) to resist the application of the 2008 Act to his land and to assert that his land should be treated under the pre-existing framework. The government counter-affirms that the land abuts the Infopark Expressway and that, from the Seaport-Airport Road to the boundary of Info Park (SEZ), uses permitted in Residential and Commercial Zones extend to a depth of 150 meters from the road boundary, even as the Act governs Paddy Land and Wetland issues. The court disposed the petition by directing the 5th respondent to consider Ext.P-12 with notice and a hearing, and to decide within three months, permitting production of material including prior court decisions during the process.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland Act, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that his land was converted even before the Kerala Conservation of Paddy Land and Wetland Act, 2008 and that it lies in a Mixed Zone where uses permitted for Residential and Commercial zones should apply up to 150 meters from the Infopark Expressway boundary. He asserts the Act’s applicability is inapplicable to his property and relies on prior Court judgments (e.g., State of Kerala v. Binu Mathew Chacko, LLMC Kizhakkambalam Grama Panchayath v. Mariyumma) to support his stance. He seeks an order directing the 5th respondent to consider Ext.P-12 and grant an appropriate entry in the Basic Tax Register after due notice and hearing.

Contentions of Respondents

The respondents contend that the land abuts the Infopark Expressway; from Seaport-Airport Road to the boundary of Info Park (SEZ), all uses in Residential and Commercial Zones are permitted to a depth of 150 meters from the road boundary. They argue the Kerala Conservation of Paddy Land and Wetland Act, 2008 applies to Paddy Land/Wetland, and Ext.P-12 is an application in the Basic Tax Register that requires proper processing with opportunity of hearing. They maintain that the data bank and the zoning framework prevail in determining permissible land use and that the writ petition should be resolved with due process."},

Cited Precedents (4)

Case NameCitationTreatmentExplanation
ALEX P. ABRAHAM & OTHERS v. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM AND OTHERS2021 (1) KHC 427Mentioned OnlyExhibit P9 cites this judgment; no explicit reliance or binding application is shown in the court’s decision.
RELIANCE INDUSTRIES LTD. & OTHERS v. THE COMMISSIONER OF LAND REVENUE & OTHERS2007 (2) KHC 346Mentioned OnlyExhibit P10 references this case; the judgment does not indicate direct adoption or distinguishing in the presented order.
STATE OF KERALA v. BINU MATHEW CHACKO2021 (1) KLT 232Mentioned OnlyThe petitioner relies on this Court’s decision to support his position; the order does not show explicit application or overrule.
LLMC Kizhakkambalam Grama Panchayath v. Mariyumma & Anr.2015 (2) KLT 516Mentioned OnlyCited in connection with land-use/contention; no explicit treatment in the disposal order.

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Extracted Judgment Text

Exact text extracted from official judgment records.

W. P. (C) No. 5430/2021 ..1.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 12[TH] DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 WP(C) NO. 5430 OF 2021** ## **PETITIONER:** **ZACHARIAS POOMKUDY, AGED 69 YEARS, S/O AUGUSTHY POOMKUDY (LATE), POOMKUDY VILLA, KUNNUMPURAM, KAKKANAD P.O., KOCHI-682030.** **BY ADVS.M/S. C.K.KARUNAKARAN, KRISHNA SURESH, MEKHA MANOJ & K.V.KRISHNAKUMAR** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695001.** - **2 CHIEF TOWN PLANNER, NANDANKODE SWARAJ BHAVAN, NATHANCODE, THIRUVANANTHAPURAM, KERALA-695003.** - **3 THE DISTRICT COLLECTOR, CIVIL STATION,COLLECTORATE,ERNAKULAM,PIN-682030.** - **4 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, PIN-682001.** W. P. (C) No. 5430/2021 **==> picture [19 x 8] intentionally omitted <==** **5 TAHSILDAR(LR), KANAYANNUR TALUK, PIN-682312.** **SMT.SHEEBA S, G.P.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 5430/2021 ..3.. MOHAMMED NIAS C. P. , J. ========================= W. P. (C) No. 5430 of 2021 ========================= Dated this the 12[th] day of April, 2024 ## J U D G M E N T The petitioner is stated to be the owner in possession of one acre 43 cents of property in Re-Sy. No. 574/5, Block 9 of Kakkanad Village. The petitioner claims that, even when he purchased the property in the year 1994, it was lying as a converted land, much before the implementation of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ( _hereinafter ‘The Act’ for short)._ Despite the same, the petitioner submits that his property was shown as converted land in the data bank. He also claims that a portion of his property was acquired for widening the Info Park Road and it is the remaining property that is in his possession, as seen from Ext.P-3 tax receipt. The petitioner further contends that his property falls in the Mixed Zone. All permitted uses are allowed as in the Residential and Commercial Zones. Such uses are permitted to a depth of W. P. (C) No. 5430/2021 **==> picture [19 x 9] intentionally omitted <==** 150 meters on either side of the Info Park Expressway. The petitioner has produced Exts.P-13, P-14 & P-15 along with the reply affidavit filed to substantiate his contentions. Since he contends that the land falls in a Mixed Zone, the same can be used for residential or commercial purposes and the provisions of the Act cannot have any application. He relies on the judgment of this Court in _**State of Kerala v. Binu Mathew Chacko** [2021 (1) KLT 232]_ as well as the judgment of this Court dated 10.11.2020 in WP(C). No.20542/2020. 2. A counter affidavit has been filed on behalf of the Town Planner which shows that the property belonging to the petitioner abuts to Infopark Expressway, and from the Seaport-Airport Road to the boundary of Info Park (SEZ), all uses are permitted in the Residential and Commercial Zones either side of the road upto a depth of 150 meters from the boundary of the road. 3. The petitioner had preferred Ext.P-12 before the 5[th] respondent requesting to make an additional entry in the Basic Tax Register with respect to his property having an extent of 48.58 ares in Re-Sy.No. 574/5 Block 9 of Kakkanad Village. He also relies on the judgment of this Court W. P. (C) No. 5430/2021 **==> picture [18 x 8] intentionally omitted <==** in _**LLMC Kizhakkambalam Grama Panchayath v. Mariyumma & Anr.**_ reported in _2015 (2) KLT 516._ 4. The petitioner submits that no orders have been passed on Ext.P-12 so far. Accordingly, there will be a direction to the 5[th] respondent to consider the request made in Ext.P-12 with notice to the petitioner. A decision shall be taken by the 5[th] respondent, after affording an opportunity of hearing to the petitioner, within 3 months from the date of receipt of a copy of the judgment. It will be open to the petitioner to produce such materials, including decisions of this Court, to substantiate his contentions which the 5[th] respondent will advert with while taking a decision on Ext.P-12. The Writ Petition is disposed of as above. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG W. P. (C) No. 5430/2021 ..6.. ## **APPENDIX OF WP(C).NO.5430/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE SALE DEED OF THE PETITIONER BEARING NO. 694/1994 OF THRIKKAKARA SRO.** - **EXHIBIT P2 THE TRUE COPY OF THE NOTIFICATION TO THAT EFFECT PUBLISHED BY THE STATE GOVERNMENT DATED 21.05.2016 G.O. (MS) NO. 63/2016/LSGD.** - **EXHIBIT P3 THE TRUE COPY OF THE DATA BANK PERTAINING TO THE PETITIONER'S PROPERTY IN RE-SY.574/5, BLOCK NO.9 OF KAKKANAD VILLAGE,** - **EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2020-21 PERTAINING TO THIS PROPERTY MEASURING 48.58 ARES IN RE-SY.574/5, BLOCK NO.9 OF KAKKANAD VILLAGE.** **EXHIBIT P5 THE TRUE COPY OF THE APPLICATION DATED 15.01.2016 SUBMITTED BY THE PETITIONER IN FORM NO.IV BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 15.01.** **EXHIBIT P6 THE TRUE COPY OF THE CHALAN DATED 15/01/2016 SHOWING PAYMENT OF RS.500/- TOWARDS APPLICATION FEE IS PRODUCED HEREWITH AND MARKED AS.** W. P. (C) No. 5430/2021 ..7.. **EXHIBIT P7 THE TRUE COPY OF THE REPORT CALLED FOR BY THE DISTRICT COLLECTOR FROM THE VILLAGE OFFICER BEARING NO. 10-4241/16 DATED 05.02.2016.** - **EXHIBIT P8 THE TRUE COPY OF THE REPORT DATED 17.03.2016 SUBMITTED BY THE VILLAGE OFFICER TO THE TAHSILDAR FOR CONSIDERING THE PETITIONER'S EXHIBIT -P5 APPLICATION NUMBERED AS 240/2016.** - **EXHIBIT P9 TRUE COPY OF JUDGMENT REPORTED IN 2021 (1) KHC 427 ALEX P. ABRAHAM & OTHERS V. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM AND OTHERS.** **EXHIBIT P10 TRUE COPY OF JUDGMENT REPORTED IN 2007(2) KHC 346 (RELIANCE INDUSTRIES LTD, & OTHERS VS THE COMMISSIONER OF LAND REVENUE & OTHERS).** **EXHIBIT P11 TRUE COPY OF THE JUDGMENT REPORTED IN 2021(1) KLT 232 (STATE OF KERALA VS. BINU MATHEW CHACKO).** **EXHIBIT P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR MAKING ADDITIONAL ENTRY IN THE BASIC TAX REGISTER ALONG WITH FORM A UNDER LAND TAX ACT, 1961.** **EXHIBIT P13 A TRUE COPY OF THE SURVEY SKETCH PREPARED AND CERTIFIED BY THE TALUK SURVEYOR, KANAYANNUR TALUK** **EXHIBIT P14 PHOTOGRAPHS SHOWING THE LAND IN RELATION TO THE INFOPARK EXPRESSWAY** W. P. (C) No. 5430/2021 **==> picture [20 x 9] intentionally omitted <==** **EXHIBIT P15 A TRUE COPY OF FORM NO. 9 (B) 11.08.2006 ISSUED UNDER THE PROVISIONS OF LAND ACQUISITION ACT 1894 RELATING TO THE ACQUISITION OF A PORTION OF LAND INCLUDED IN EXHIBIT P 1 TITLE DEED**