Kerala High Court
Padmakumar vs State Of Kerala
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940
WP(C).No. 1850 of 2017
PETITIONER(S):
PADMAKUMAR
AGED 62 YEARS, S/O.SUKUMARAN NAIR,
SINDOORAM (CHOORAKATT KIZHAKETHIL)
VALIYAKUZHI MURI, CHEPPAD VILLAGE,
ALAPPUZHA DISTRICT
BY ADVS.SRI.P.SREEKUMAR
SRI.K.ARJUN VENUGOPAL
SMT.MARY RESHMA GEORGE
SMT.V.A.HARITHA
SMT.P.M.MAZNA MANSOOR
SRI.JEEVAN RAJEEV
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM. PIN 695001
2. THE LAND REVENUE COMMISSIONER
COMMISSIONERATE OF LAND REVENUE,
THIRUVANANTHAPURAM. PIN 695001
3. THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN 688001
4. THE TAHASILDAR
TALUK OFFICE, KARTHIKAPALLY TALUK,
HARIPPAD, ALAPPUZHA DISTRICT. PIN 690514
5. THE VILLAGE OFFICER
VILLAGE, OFFICE, CHEPPAD, CHEPPAD (PO),
ALAPPUZHA DISTRICT, PIN 690507
ADDL. R6:
6. THE LOCAL LEVEL MONITORING COMMITTEE
(CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY AND
WETLAND ACT, 2008), CHEPPAD GRAMA PANCHAYAT,
REPRESENTED BY ITS CONVENER (THE AGRICULTURAL OFFICER),
AGRICULTURE OFFICE, CHEPPAD (P.O.), ALAPPUZHA DISTRICT,
PIN 690 507.
ADDL. R6 IS IMPLEADED AS PER ORDER DATED 8.3.2017 IN I.A.NO.3564/2017.
R1-R5 BY GOVERNMENT PLEADER SRI. PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1850 of 2017 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX REMITTED BY THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE LAND TAX IN RESPECT OF PROPERTY IN RE.SY.NOS.
161/8, 161/9 OF CHEPPAD VILLAGE
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.10.2015
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER
DATED 28.09.2001
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 03.11.2016
EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE ADDITIONAL TAHSILDAR,
DATED 07.12.2016
EXHIBIT P9 TRUE COPY OF THE LETTER DT. 03.06.2017 OF THE AGRICULTURAL
OFFICER, CHEPPAD.
EXHIBIT P10 TRUE COPY OF THE REPORT OF THE DIRECTOR, KERALA STATE
REMOTE SENSING AND ENVIRONMENT, ALONG WITH HIS COVERING LETTER DT.
03.05.2017.
EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 26.05.2018 UNDER CLAUSE 6
OF THE LAND UTILIZATION ORDER, 1967 WITH RESPECT TO 21.01 ARES OF PROPERTY
LYING IN SURVEY NO.161/8 OF CHEPPAD VILLAGE BEFORE THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.1850 OF 2017 (E)
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Dated this the 8th day of June, 2018
JUDGMENT
The petitioner has approached this Court seeking a correction of the description of his land, as appearing in the Basic Tax Register, from 'Nilam' to 'Purayidam'. When the matter came up for admission, this Court called for a report from the Local Level Monitoring Committee [LLMC] as regards the nature and lie of the land. The LLMC has since filed a report dated 25.5.2017, based on the satellite image studies done by the Kerala State Remote Sensing and Environment Center, and the report of the LLMC suggests that the land in question was under mixed plantation crops, with a building, from 2005 onwards. The inference to be drawn from the LLMC report, therefore, is that the land is not either paddy land or wetland for the purposes of inclusion in the Land Data bank prepared for the region. It is the further case of the petitioner that he has since preferred Ext.P11 application before the 3rd respondent District Collector for permission to convert the user of the land under Clause 6(2) of the Kerala Land Utilisation Order.
W.P.(C).No.1850/2017 2
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:
(i) by declaring that the land belonging to the petitioner situated in RS.Nos.161/8 and 161/9 of Cheppad Village, is not either paddy land or wetland, for the purposes of inclusion in the Land Data Bank prepared in accordance with the Kerala Conservation of Paddy and Wetland Act, 2008.
(ii) The additional 6th respondent is directed to exclude the said land of the petitioner from the Land Data Bank. If the data bank is at the draft stage, the land shall be excluded before finalising the data bank, and notifying the same. If, on the other hand, the data bank has already been finalised, and notified through publication in Gazette, then the additional 6 th respondent shall issue a corrigendum notification showing the exclusion of the land from the data bank, and publish the said corrigendum notification in the Gazette. In the meanwhile, the additional 6th respondent shall, after excluding the land from the data bank, issue a certificate to the petitioner within a week from the date of receipt of a copy of this judgment, certifying W.P.(C).No.1850/2017 3 that the land in question has been excluded from the data bank.
The petitioner can utilise the said certificate for approaching the 3rd respondent, who shall proceed to consider Ext.P11 application submitted by the petitioner within a further period of six weeks from the date of receipt of the certificate from the additional 6th respondent.
(iii) The petitioner shall also, in the event of receipt of the certificate from the additional 6th respondent, and the order from the 3rd respondent permitting conversion under the KLU Order, produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/11/6/18