Kerala High Court
Sanjeev vs The District Collector on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No.33341 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
WP(C) NO. 33341 OF 2024
PETITIONER(S):
SANJEEV,
AGED 44 YEARS, S/O.K.S.CHANDRAN, GIRIJA NIVAS,
PUTHIYANKAM, ALATHUR, PALAKKAD, PIN - 678545
BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S):
1 THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN - 678001
2 REVENUE DIVISIONAL OFFICER,
CIVIL STATION, PALAKKAD, PIN - 678001
3 THE PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER,CIVIL
STATION, PALAKKAD, PIN - 678001
4 THE VILLAGE OFFICER,
ALATHUR VILLAGE, ALATHUR.P.O, ALATHUR TALUK,
PALAKKAD, PIN - 678541
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, ALATHUR.P.O, ALATHUR, PALAKKAD, PIN -
678541
6 LOCAL LEVEL MONITORING COMMITTEE,
ALATHUR GRAMA PANCHAYAT, ALATHUR.P.O, ALATHUR
TALUK, PALAKKAD,REP.BY ITS CONVENER, PIN - 678541
BY ADV.:
GP, SMT PREETHA K K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.33341 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 33341 of 2024
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Dated this the 15th day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) Issue a writ of Certiorari or any other writ order or direction and quash Ext.P9, File No.1520/2024 dated 29.03.2024 issued by the 2nd Respondent.
ii) Issue a writ of Mandamus or any other writ order or direction and direct the 2nd respondent to delete the petitioner's property comprised in Re.Sy.No.552/14 in Block No.28 of Alathur Village, Alathur Taluk in Palakkad District having an extent of 0.0515 Hectare from the Ext.P6, Data Bank.
iii) It is prayed that this Hon'ble Court may dispense the production of English Translation of the documents produced in the above W.P.(c) and Petitioner undertakes to produce the same as and when required by this Hon'ble Court.
And
iv) Issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the light of the facts and circumstances of the case so as to secure the ends of justice."[SIC]
2. According to the petitioner, his property, though classified as 'Nilam', the same is remained as W.P.(C) No.33341 of 2024 3 2025:KER:77284 barren land for the last several years and it is not suitable for any paddy cultivation. It is the case of the petitioner that, Ext.P4 is an order passed by the Revenue Divisional Officer, Palakkad in accordance to the Kerala Land Utilization (KLU) Order. In the light of the same, the respondents erred in including the property of the petitioner in the data bank. Ext.P6 is the data bank.
Since it is already included, the petitioner submitted Ext.P8 Form 5 application. The same is rejected as per Ext.P9. Aggrieved by the same, this Writ Petition is filed.
The petitioner also relied Ext.P10 judgment of this Court.
3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
4. Admittedly, there is a KLU order as evident by Ext.P4., which covers the property in question. This Court in Ext.P10 judgment observed like this:
"5. The KLU Order is a piece of subordinate legislation under the Essential Commodities Act, 1955.
Essential Commodities Act is a central legislation. The W.P.(C) No.33341 of 2024 4 2025:KER:77284 very purpose of KLU Order is to sustain and augment agriculture production. The Collector has necessary power to command the holder of the land to cultivate with crops which were in cultivation. Following are the enumerated food crops referred in the KLU Order:
[2(b) "Food Crops" includes paddy, fish, sugarcane, vegetables, tapioca, yam, tea, coffee, cardamom, pepper, groundnut, cocoa and banana plantain;] The land was originally a nilam and converted before the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act 28 of 2008) came into force. The power of the Collector is only enabling the power to command the holder of the land to cultivate food crops which were in cultivation. This power has to be exercised by the Collector to secure the objectives under the Essential Commodities Act. It is to be noted that the paddy is one of the food crop. After the Act 28 of 2008 came into force, the Collector no longer retain any power in relation to the paddy. This order of KLU was passed in the year 2004 much before the Act 28 of 2008 came into force.
Therefore, the only question be considered is whether the Collector could have imposed any restriction for the utilisation of the land when a permission is granted under W.P.(C) No.33341 of 2024 5 2025:KER:77284 the Clause 6 of KLU Order.
6. It is appropriate to refer Clause 6 of the KLU Order, which reads thus:
6. Land cultivated with any food crop not to be cultivated with any other food crop.- (1) No holder of any land, which has been under cultivation with any food crop for a continuous period of three years immediately before the commencement of this Order, shall convert or attempt to convert or utilise or attempt to utilise such land for the cultivation of any other food crop or for any other purpose except under and in accordance with the terms of a written permission given by the Collector.
[Explanation.- For the purpose of this sub- clause and subclause (2), removal of tree-growth, whether partial or total, on any land cultivated with cardamom shall be deemed to be an attempt to convert or utilise such land for a purpose other than cultivation or cardamom.] (2) No holder of any land who cultivates any land with any food crop for a continuous period of three years at any time after the commencement of this Order shall, after the said period of three years, convert or attempt to convert or utilise or attempt to utilise such land for the cultivation of any other food crop or for any other purpose except under and in accordance with the terms of a written permission given by the Collector.
[Provided that except in the case of lands under cardamom cultivation, no permission under sub-clause (1) or sub-clause (2), shall be necessary W.P.(C) No.33341 of 2024 6 2025:KER:77284 where the cultivation for which the land is converted or attempted to be converted or attempted to be converted or utilised or attempted to be utilised is paddy cultivation or fish culture:
Provided further that the lands under cultivation of paddy should not be converted or attempted to be converted or utilised or attempted to be utilised for fish culture permanently, but only seasonally.] It is also refer to Clause 7 of the KLU Order, which reads thus:
7. Power of Collector to direct cultivation of land with the food crop which was being cultivated.- (1) If it appears to the Collector that any person is attempting to contravene the provisions of sub- clause (1) or sub-clause (2) of Clause 6, then, notwithstanding anything contained in any law, order, custom or practice for the time being in force, and without prejudice to and other action that may be taken against such person, the Collector may, by notice in writing in Form E, call upon such person to cultivate such land with those food crops which were under cultivation in the land in the three years referred to in sub-clause (1) or sub-clause (2) as the case may be, of Clause 6, either personally or through any other person, within the period specified in the notice:
Provided that no such notice shall be issued unless such person has been given an opportunity of being heard:
Provided further that no such notice shall be W.P.(C) No.33341 of 2024 7 2025:KER:77284 issued to the holder of any land if the cultivation attempted to be made in that land is paddy cultivation.
(2) Every notice issued under sub-clause (1) shall be served in the manner provided in sub-clause (2) of Clause 4.
(3) If the person to whom a notice under sub-
clause (1) has been served does not comply with the notice within the time specified in the notice or within such further time as may be allowed by the Collector, the Collector may, without prejudice to any other action that may be taken against him, by order direct and arrange for the sale by public auction of the right to cultivate the land as provided for in Clause 5, subject to such conditions as may be specified in the order.
(4) Every order made under sub-clause (3)shall be in Form F. (5) Out of the amount realised by sale as provided in sub-clause (3), the revenue due on the land and other dues to the Government, if any, shall first be adjusted and the balance made over to the holder of the land by way of compensation.
Note.- Twenty five per cent of the bid amount shall be collected immediately after the sale and the balance within ten days. The sale will be confirmed only after the realisation of the entire amount. Failure to remit the balance amount within the said period of ten days will entail forfeiture of the initial deposit.
(6) Every successful bidder, on confirmation of the sale mentioned in this clause shall be given a W.P.(C) No.33341 of 2024 8 2025:KER:77284 certificate of sale in Form D, incorporating the conditions of such sale.
The scope of consideration of the request for the utilisation of the land for other purposes has to be understood with reference to the power of the Collector.
The power of the Collector is only enabling to command the holder of the land to cultivate with the crops which were in cultivation. If such crops no longer required or cannot be cultivated, the Collector has to grant permission to utilise the land for other purposes.
Therefore, whether the permission is granted for residential building, hotel building or commercial building may not have any consequences in as much as that the Collector has no power to regulate the use of land except to secure objects of the Essential Commodities Act. The permission is granted taking note of the fact that the land is no longer required for the cultivation with food crop which were in cultivation. In that background, I find there is no requirement of any clarification from the Collector under KLU Order. Accordingly, the impugned orders are set aside.
7. In the light of the Division Bench judgment of this W.P.(C) No.33341 of 2024 9 2025:KER:77284 Court in Shahul Hameed v. Principal Secretary, Local Self Government and Others [2018 (2) KHC 48], a person who had the advantage of Clause 6 of the KLU Order cannot be directed to obtain an order under Section 27A of the amended Act 28 of 2008, the Panchayat is bound to consider the application for building permit in accordance with law based on KLU Order. Needful shall be done within a period of one month."
5. I am of the considered opinion that, in the light of Ext.P10 judgment and also in the light of Ext.P4 order, the application of the petitioner is to be reconsidered.
Therefore, this Writ Petition(C) is disposed of with the following directions:
1. Ext.P9 order is set aside.
2. The 2nd respondent / authorised officer will reconsider Ext.P8 application in the light of Ext.P4 order and also in the light of the dictum laid down by this Court in Ext.P10 judgment, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.W.P.(C) No.33341 of 2024 10
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3. The petitioner will produce a certified copy of this judgment along with a copy of the writ petition with exhibits before the authorised officer for compliance.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 15.10.2025
Judgment dictated 15.10.2025
Draft Judgment placed 17.10.2025
Final Judgment uploaded 18.10.2025
W.P.(C) No.33341 of 2024
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APPENDIX OF WP(C) 33341/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 21.01.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.01.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE LOCATION SKETCH OF THE PETITIONER'S PROPERTY ISSUED BY 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.T.A(7) 10092/12 DATED 25.10.2012 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE THANDAPPER ACCOUNT NO.7759 OF THE PETITIONER'S PROPERTY DATED 09.09.2024 Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF PETITIONER'S PROPERTY ISSUED FROM THE OFFICE OF 5TH RESPONDENT Exhibit P7 PHOTOGRAPH OF THE PETITIONER'S PROPERTY Exhibit P8 TRUE COPY OF THE PETITIONER'S APPLICATION DATED 28.01.2023 Exhibit P9 TRUE COPY OF THE ORDER IN FILE NO.1520/2024 DATED 29.03.2024 ISSUED BY THE 2ND RESPONDENT Exhibit 10 TRUE COPY OF THE JUDGEMENT IN W.P. (C).NO.27187 OF 2018 OF THIS HON'BLE COURT DATED 22.10.2020