Kerala High Court
Unknown vs Revenue Divisional Officer [2017 (3) on 18 March, 2017
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940
WP(C).No. 4126 of 2018
PETITIONER(S)
1 ST.GEORGE JACOBITE SYRIAN CHAPEL
REP BY ITS VICAR FR. ELDHO VARGHESE
THURAVOOR P.O, THURVOOR VILLAGE
ANGAMALI PIN-683572.
2 K.V. KUNJU
S/O VARKEY, KOORAN VEETTIL
TRUSTEE, ST. GEORGE JACOBITE SYRIAN CHAPEL,
THRURAVOOR P.O, THURVOOR VILLAGE ANGAMALI PIN-683572.
3 K.V.ELIAS
S/O. VARKEY, KOORAN VEETTIL
TRUSTEE, ST. GEORGE JACOBITE SYRIAN CHAPEL,
THRURAVOOR P.O, THURVOOR VILLAGE ANGAMALI PIN-683572.
BY ADVS.SRI.T.P.SAJAN
SRI.M.MOHAMED NAVAZ
RESPONDENT(S):
1. THE DISTRICT COLLECTOR, ERNAKULAM
COLLECTRATE, CIVIL STATION,
KAKKANAD PIN-682030
2. REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER FORKOCHI
PIN-682001
3. THE SECRETARY
THURVAOOR GRAMA PANCHAYATH
THURVAOOR P.O ANKAMALI.
PIN -683572
4. LOCAL LEVEL MONITORING COMMITTEE
REP BY THE AGRICULTURAL OFFICER
THURVAOOR GRAMA PANCHATH
THURVAOOR P.O ANKAMALI.
PIN-6835725. THE VILLAGE OFFICER
THURVAOOR VILLAGE OFFICE
THURVAOOR P.O ANKAMALI
PIN-683572
BY GOVERNMENT PLEADER SRI.MANURAJ K.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4126 of 2018 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1:- TRUE COPY OF THE APPLICATION DATED 18.3.2017
SUBMITTED BY THE PETITIONER CHAPEL BEFORE THE
2ND RESPONDENT
EXHIBIT P2:- TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER
DATED 29.3.2017
EXHIBIT P3: TRUE COPY OF THE APPLICATION DATED 19.4.2017
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P4: TRUE COPY FO THE APPLICATION DATED 5.5.2017 FILE
DBY THE PETITIOERS BEFORE THE 3RD RESPONDENT
EXHIBIT P5: TRUE COPY OF THE APPLICATION DATED 5.5.2017 FILED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
REQUESTING TO SUBMIT A REPORT BEFORE THE 1ST
RESPONDENT
EXHIBIT P6: TRUE COPY OF THE ORDER NO.A2-2554/17 DATED
15.6.2017 OF THE 3RD RESPONDENT
EXHIBIT P7: TRUE COPY OF THE APPLICATION DATED 30.11.2017
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
RESPONDENT'S EXHIBITS : NIL
\\ TRUE COPY \\ PA TO JUDGE
jm/
SHAJI P.CHALY, J.
========================
W.P.(C) No.4126 of 2018
========================
Dated this the 10th day of July 2018
JUDGMENT
According to the petitioner, petitioner is the owner in possession and enjoyment of an extent of 35 cents of land situate in Re Sy.No.346/8-3 and 346/8-5 of Block No.13 of Thuravoor Village purchased as per sale deed No.3202/2012 and sale deed No.2722/2013 of Angamali Sub Registry Office. According to the petitioner, a major extent of the property is not included in the data bank. However, a small portion is included in the data bank constituted under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is also submitted that petitioner is intending to carry out construction only in an extent of 10 cents of property, which is not at all included in the data bank. Petitioner has thereupon submitted Ext.P1 application before the 2nd respondent in accordance with the provisions W.P.(C) No.4126 of 2018 2 of the Kerala Land Utilisation Order seeking utilisation of the land for a different purpose other than paddy cultivation. It is submitted by the learned Counsel for the petitioner that the application was rejected by the 2 nd respondent as per Ext.P6 order dated 27.5.2017, stating that the property is included in the data bank and permission can be granted only for construction of a residential building. Thereupon, 3rd respondent has declined building permit to the petitioner. According to the petitioner, the said orders passed by the 2 nd and 3rd respondents are illegal and unsustainable.
2. Learned Counsel for the petitioner has also pressed into service the judgment of this Court in Shivadasan Vs. Revenue Divisional Officer [2017 (3) KLT 822]. These are the background facts available before this Court to consider the reliefs sought for by the petitioner.
3. I have heard learned Counsel for the petitioner and the learned Government Pleader and perused the pleadings and documents on record.
W.P.(C) No.4126 of 2018 3
4. By virtue of the proposition of law laid down by this Court in Shivadasan's Case (supra), I am of the considered opinion that Ext.P6(a) order passed by the Revenue Divisional Officer cannot be sustained, especially for the reason that, in the said judgment, it is held that, there is no inhibition created under the Kerala Land Utilisation Order for utilising the property in a different manner, other than paddy cultivation. Therefore, it could possibly take construction of any other building also, since no fetter is created under Clause 6(a) of the Kerala Land Utilisation Order for use of the land for any different purpose, other than paddy cultivation. In that view of the matter, I quash Ext.P6(a); and direct the 2 nd respondent to reconsider Ext.P1 application submitted by the petitioner, in accordance with law and also taking into account the proposition of law laid down in Shivadasan's case (supra), and all other enabling notifications issued by the State Government, including the one referred to in the judgment in Shivadasan's case (supra) and attain finality, at the earliest and at any rate within three months from the date W.P.(C) No.4126 of 2018 4 of receipt of a copy of this judgment. Petitioner is also directed to produce a copy of this writ petition along with the appended documents before the 2nd respondent. In the process of reconsideration as directed above, 2 nd respondent will be at liberty to verify from the Local Level Monitoring Committee, with respect to the veracity of the submission made by the petitioner in the writ petition that, petitioner intends to carry on construction in the property, not notified as per data bank.
This writ petition is disposed as above.
Sd/ SHAJI P.CHALY JUDGE jm/ \\True copy \\ PA to Judge