C.M.Dilish vs The District Collector on 17 November, 2020

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Kerala High Court

C.M.Dilish vs The District Collector on 17 November, 2020

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

   TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

                      WP(C).No.32644 OF 2019(E)


PETITIONERS:

      1        C.M.DILISH
               AGED 57 YEARS
               S/O.SADANANDAN.C.M, SHELL, OPP BEM SCHOOL, PAVANGAD,
               PUTHIYANGADI.P.O, CALICUT-673021

      2        C.M.DEEPAK
               AGED 56 YEARS
               S/O.SADANANDAN.C.M, SHELL, OPP BEM SCHOOL, PAVANGAD,
               PUTHIYANGADI.P.O, CALICUT-673021

      3        C.M.DILJITH, AGED 50 YEARS
               S/O.SADANANDAN.C.M, SHELL, OPP BEM SCHOOL, PAVANGAD,
               PUTHIYANGADI.P.O, CALICUT-673021

               BY ADV. SRI.K.PRAVEEN KUMAR

RESPONDENTS:

      1        THE DISTRICT COLLECTOR, CIVIL STATION (PO), KOZHIKODE
               PIN-673020

      2        THE SUB COLLECTOR,
               CIVIL STATION (P.O), KOZHIKODE, PIN-63020

      3        THE LOCAL LEVEL MONITORING COMMITTEE
               KOZHIKODE CORPORATION, ZONAL OFFICE, ELATHUR,
               REPRESENTED BY ITS CONVENER,(AGRICULTURAL OFFICER,
               KRISHI BHAVAN, ELATHUR, PUTHIYANGADI.P.O, KOZHIKODE-
               673021

      4        THE TAHASILDAR
               KOZHIKODE TALUK, CIVIL STATION.P.O, KOIZHIKODE-673020

      5        THE VILLAGE OFFICER
               ELATHUR VILLAGE, ELATHUR.P.O, KOZHIKODE-673303

      6        KOZHIKODE CORPORATION
               REPRESENTED BY ITS SECRETARY, CALICUT BEACH P.O,
               KOZHIKODE-673032

      7        STATE OF KERALA
 WP(C).No.32644 OF 2019(E)

                               2

             REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001

              BY SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL
             CORPORATION


             SR GP BY ADV.S GOPINATHAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.32644 OF 2019(E)

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                              JUDGMENT

Dated this the 17th day of November 2020 This writ petition was filed challenging an order passed by the Sub Collector, Kozhikode acting as a Collector under the Kerala Land Utilisation Order, 1967.

2. The petitioner approached the Collector (Sub Collector) invoking Clause 6 of the KLUO on 7.11.2016. The request was for utilising the converted land for other purposes. The request was declined stating that there is no legal provision to regularise the reclaimed or converted land. The stand of the Collector (Sub Collector) is untenable under law. Necessarily, the power is conferred on the Collector (Sub Collector) to grant permission to utilise the land for other purposes under Clause 6 (2) of the KLUO. The power conferred on the Collector (Sub Collector) under the KLUO is enabling power to command the holder of the land to cultivate with crops which were in cultivation. If the land is unfit for cultivation for paddy, the Collector (Sub Collector) has no option but to grant permission to utilise the land for other purposes. In fact, this Court in Shivadasan Vs Revenue Divisional Officer, [2017 (3) KLT 822) held WP(C).No.32644 OF 2019(E) 4 that there is no embargo for allowing an application under KLUO in respect of the reclaimed land utilising for other purposes.

In the light of facts and circumstances, I am of the view that the impugned order has to be set aside. The writ petition is allowed. The Collector (Sub Collector) is directed to issue a formal order granting permission to utilise the land for other purposes within a period of one month from the date of receipt of a copy of this judgment. In view of the fact that the petitioner has applied under KLUO prior to incorporation of Section 27A of Act 28 of 2008. The Collector shall not insist the payment under Section 27A of Act 28 of 2008 while granting such permission.

Sd/-


                                           A.MUHAMED MUSTAQUE
SAS/17/11/2020                                       JUDGE
 WP(C).No.32644 OF 2019(E)

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                                 APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1                TRUE COPY OF THE APPLICATION FILED

PETITIONERS BEFORE THE 2ND RESPONDENT ON 7.11.2016 EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 09.12.2016 IN WP(C) NO.39193/16 OF THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF THE PETITIONERS EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTIONS OF THE OFFICE NOTES SENT BY THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT TO THE 2ND PETITIONER EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 11.11.19 SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS NO.C-7321/17 DATED 22.11.2019 OF THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE

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