Kerala High Court
Brigade Hospitality Services Limited vs State Of Kerala on 13 January, 2020
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
WP(C).No.34699 OF 2019(J)
PETITIONER/S:
BRIGADE HOSPITALITY SERVICES LIMITED
(FORMERLY KNOWN AS BRIGADE HOSPITALITY SERVICES
PRIVATE LIMTIED, 29TH AND 30TH FLOORS, WORLD TRADE
CENTER BRIDGE GATEWAY CAMPUS, 26/1 DR. RAJKUMAR ROAD,
MALLESWARAM, RAJAJI NAGAR, BANGALORE 560 055, HAIVING
BRANCH OFFICE AT WORLD TRADE CENTRE, INFOPARK SEZ
KUSUMAGIRI P.O. KAKKANAD, KOCHI 30, REPRESENT BY ITS
EXECUTIVE DIRECTOR/AUTHORISED SIGNATORY MR. VINEET
VERMA.
BY ADVS.
SRI.P.GOPINATH (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 REVENUE DIVISIONAL OFFICER,
PALA, KOTTAYAM 686 575.
3 TAHSILDAR,
TALUK OFFICE, VAIKOM TALUK, KOTTAYAM DISTRICT 686
141.
GOVERNMENT PLEADER SRI. MANURAJ K J
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2020, ALONG WITH WP(C).34804/2019(A), WP(C).34811/2019(B),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
WP(C).No.34804 OF 2019(A)
PETITIONER/S:
BRIGADE HOTEL VENTURES LIMITED
29TH AND 30TH FLOORS, WORLD TRADE CENTRE, BRIGADE
GATEWAY CAMPUS-26/1, DR. RAJKUMAR ROAD, MALLESWARAM,
RAJAJI NAGAR, BANGALORE-560055 HAVING BRANCH OFFICE,
AT WORLD TRADE CENTRE, INFOPARK SEZ KUSUMAGIRI PO,
KAKKANAD, KOCHI-30, REPRESENTED BY ITS AUTHORISED
SIGNATORY MS. GAYATHRI C SHEELAVANT.
BY ADVS.
SRI.P.GOPINATH (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 REVENUE DIVISIONAL OFFICER,
PALA, KOTTAYAM-686575.
3 TAHSILDAR,
TALUK OFFICE, VAIKOM TALUK,
KOTTAYAM DISTRICT-686141.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2020, ALONG WITH WP(C).34699/2019(J), WP(C).34811/2019(B),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
WP(C).No.34811 OF 2019(B)
PETITIONER/S:
BRIGADE HOSPITALITY SERVICES LIMITED
(FORMERLY KNOWN AS BRIGADE HOSPITALITY SERVICES
PRIVATE LIMITED), 29TH AND 30TH FLOORS, WORLD TRADE
CENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR.RAJKUMAR
ROAD, MALLESWARAM, RAJAJI NAGAR, BANGALORE-560 055,
HAVING BRANCH OFFICE AT WORLD TRADE CENTRE, INFOPARK
SEZ, KUSUMAGIRI P.O., KAKKANAD, KOCHI-30, REPRESENTED
BY ITS EXECUTIVE DIRECTOR/AUTHORISED SIGNATORY
MR.VINCENT VERMA.
BY ADVS.
SRI.P.GOPINATH (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, THIRUVANANTHAPURAM-695 001.
2 REVENUE DIVISIONAL OFFICER, PALA,
KOTTAYAM-686 575.
3 TAHSILDAR, TALUK OFFICE, VAIKOM TALUK,
KOTTAYAM DISTRICT-686 141.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2020, ALONG WITH WP(C).34699/2019(J), WP(C).34804/2019(A),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.34811 of 2019(B) & conn.cases
4
JUDGMENT
[ WP(C).34699/2019, WP(C).34804/2019, WP(C).34811/2019 ] Dated this the 13th day of January 2020 These writ petitions are filed by petitioners challenging order dated 15.2.2019 and 12.02.2019 (Ext.P8), granting permission to utilise the land for other purposes, subject to imposition of conditions by applying the provisions of Sections 27A and 27A (3)of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as amended by Act 2019. The Petitioner had sought permission under the Kerala Land Utilisation Order, 1967 for utilisation of the land for other purposes. However, the said request was declined by the 2 nd respondent based on Ext.P5 circular. The Petitioner had earlier approached this Court by filing W.P.(C)No.30057 of 2017 and this Court allowed the said writ petition relying on the dictum laid down by this Court in Sivadasan vs. Revenue Divisional Officer, 2017 (3) KLT 822.
2. Learned Counsel for the petitioner submitted that the application seeking permission to utilize the property was submitted during June 2017, whereas the Section 27A of Act 2008 came into force only on 30.12.2017. In view of the above quoted judgment, this WP(C).No.34811 of 2019(B) & conn.cases 5 Court, as per judgment dated 19.9.2019, remitted the matter to the Revenue Divisional Officer to decide Ext.P4 in view of the decision of this Court in Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182]. The Revenue Divisional Officer, thereafter, as per order dated 15.2.2019 permitted the petitioner to utilize the said land for other purposes subject to compliance of provisions contained in Section 27A and 27C of the amended provisions of Act 2008 and in violation of Geo Peter vs. Revenue Divisional Officer [2019 (3) KLT 838] and Salim Vs. State of Kerala 2019 (3) KLT 604]. Learned Counsel for the petitioner submits that the impugned order is not sustainable under law, and liable to be set aside to the extent of imposition of conditions.
3. Learned Government Pleader submitted that the condition imposed in Ext.P8 is in accordance with the provisions of Clause 6 (2) of the KLU order and Section 227 A of Act 2008.
4. Having gone through the impugned order and the respective submission made by the learned Counsel for the petitioner and the learnd Government Pleader, I am of the view that the question involved in the present case is squarely covered by the Division Bench judgment this Court in Salim's Case (supra), wherein Paragraph 5 read thus:
"Having regard to the above submission, the first thing that needs to be noticed here is that the application of the petitioner was filed WP(C).No.34811 of 2019(B) & conn.cases 6 under Clause 6(2) of the KLU Order and application was not filed, under the Paddy Act. In such circumstances, the amendment to the Paddy Act and the resultant incorporation of S.27A thereto could not in our mind, apply to a consideration of the petitioner's pending application, under the KLU order. In any case, the new provision relates to the change of nature of unnotified land under S.27A of the Paddy Act but cannot be directed to be applied to an application filed under Clause 6 (2) of the KLU order."
The application filed by the petitioner for classification of land is dated 14.7.2017. Thus the order under challenge is not sustainable in the eyes of law. Accordingly, the impugned orders are set aside to the extent of directing the petitioner to comply with the provisions contained in Sections 27A to 27 C of the Act 2008. The writ petitions are allowed.
Sd/ AMIT RAWAL JUDGE Jm/ WP(C).No.34811 of 2019(B) & conn.cases 7 APPENDIX OF WP(C) 34699/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED DATED 22.02.2008 REGISTERED AD DOCUMENT NO. 595 OF 2008 OF SRO, VAIKOM.
EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 14.02.2011 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARAVANTHURUTHU TO THE SECRETARY MARAVANTHURUTHU GRAMA PANCHAYATH REGARDING SURVEY FOR REPARATION OF DATED BANK.
EXHIBIT P3 A TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK DATED NIL PREPARED BY MARAVANTHURUTHU GRAMA PANCHAYAT.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 19.06.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO.
46848/P1/2016/REVENUE DATED 2.12.2016 ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14.07.2017 ISSUED BY THE 2ND RESPONDENT DECLINING PERMISSION TO UTILISE THE LAND FOR OTHER PURPOSE.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19.9.2017 OF THIS HONBLE COURT IN WPC NO. 30073 OF 2017 EXHIBIT P8 A TRUE COPY OF THE ORDER NO. L7-2138/17 DATED 15.02.2019 OF THE 2ND RESPONDENT. WP(C).No.34811 of 2019(B) & conn.cases 8 APPENDIX OF WP(C) 34804/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED DATED 22.02.2008, REGISTERED AS DOCUMENT NO.594 OF 2008 OF SRO, VAIKOM.
EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 14.02.2011 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARAVANTHURUTHU TO THE SECRETARY, MARAVANTHURUTHU GRAMA PANCHAYATH REGARDING SURVEY FOR PREPARATION OF DATA BANK.
EXHIBIT P3 A TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK DATED NIL PREPARED BY MARAVANTHURUTHU GRAMA PANCHAYATH. EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 19.06.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO.
46848/P1/2016 REVENUE DATED 22.12.2016 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14.07.2017 ISSUED BY THE 2ND RESPONDENT DECLINING PERMISSION TO UTILISE THE LAND FOR OTHER PURPOSES.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19.09.2017 OF THIS HON'BLE COURT IN WP(C) NO.30111 OF 2017.
EXHIBIT P8 A TRUE COPY OF THE SAID ORDER NO.L7-2139/17 DATED 12.02.2019 OF THE 2ND RESPONDENT. WP(C).No.34811 of 2019(B) & conn.cases 9 APPENDIX OF WP(C) 34811/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED DATED 22.02.2008 REGISTERED AS DOCUMENT NO.641 OF 2008 OF SRO, VAIKOM.
EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 14.02.2011 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARAVANTHURUTHU TO THE SECRETARY, MARAVANTHURUTHU GRAMA PANCHAAYTH REGARDING SURVEY FOR PREPARATION OF DATA BANK.
EXHIBIT P3 A TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK DATED NIL PREPARED BY MARAVANTHURUTHU GRAMA PANCHAYAT.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 19.06.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO.46848/P1/2016/REVENUE DATED 22.12.2016 ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 14.07.2017 ISSUED BY THE 2ND RESPONDENT DECLINING PERMISSION TO UTILISE THE LAND FOR OTHER PURPOSES.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 19.09.2017 OF THIS HON'BLE COURT IN WPC NO.30057 OF 2017.
EXHIBIT P8 A TRUE COPY OF THE ORDER NO.L7-2137/17 DATED 15.02.2019 OF THE 2ND RESPONDENT.