Kerala High Court
Mary John vs The District Collector on 8 October, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942
WP(C).No.27884 OF 2016(I)
PETITIONER/S:
MARY JOHN, AGED 68 YEARS, W/O.LATE JOHN,
KUZHIKKATTUKUNNEL HOUSE, NEDIYASALA P.O, PURAPUZHA,
THODUPUZHA, IDUKKI DISTRICT, 685 608.
BY ADVS.
SRI.P.K.SOYUZ
SRI.JELSON J.EDAMPADAM
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, PAINAVU,
IDUKKI DISTRICT, PIN 685 603.
2 THE SUB COLLECTOR, REVENUE DIVISIONAL OFFICER, IDUKKI,
PAINAVU, IDUKKI DISTRICT, PIN 685 603.
3 THE LOCAL LEVEL MONITORING COMMITTEE,
PURAPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS
CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,
PURAPUZHA P.O, THODUPUZHA, IDUKKI DISTRICT, PIN 685
583.
4 PURAPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS
SECRETARY, PURAPUZHA, VAZHITHALA P.O, THODUPUZHA,
IDUKKI DISTRICT, PIN-685 583.
BY SRI.M.L.SAJEEV, SPL. GOVERNMENT PLEADER FOR REVENUE
BY SRI.SHYSON P.MANGUZHA, SC, PURAPUZHA GRAMA
PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27884/2016 2
JUDGMENT
Dated this the 8th day of October 2020 The petitioner is the owner of land comprised in Re- survey No.484/3-1 of Purapuza Village, Thodupuzha Taluk having an extent of 10.51 Ares. The land as per the BTR is a 'nilam'. However, in the data bank, it is entered as converted land in the year 2006 with a cultivation of plantain, coconut, vegetables etc.
2. The petitioner approached the Revenue Divisional Officer under Clause 6 of the Kerala Land Utilisation Order, 1967 (for short, the 'Utilisation Order') to utilize the land for other purposes. The Revenue Divisional Officer noting that there is no cultivation in the land for a long period allowed utilization of the land for other purposes as per his order dated 17.03.2015. Thereafter, the petitioner approached the Grama Panchayath for building permit. The Grama Panchayath, taking note of the order under the Utilisation Order, sought a clarification from the Sub Collector. Acting upon such clarification, the Sub Collector issued Ext.P7. It appears WP(C).No.27884/2016 3 that there was a change of hand in the office of the Sub Collector. The Sub Collector issued Ext.P7 intimating that the District Collector to review the order under Clause 6 of the Utilization Order already passed vide Ext.P4. This order is under challenge in the writ petition.
3. The Sub Collector or the District Collector has no power to review the order already passed under clause 6 of the Utilisation Order. Further, the Revenue Divisional Officer had taken a decision after adverting to the nature of the land. In the absence of any fraud being played on such authority it is not open for such authority or the successor in office to review the earlier order passed. Further, the discrepancy as pointed out by the Sub Collector in my view cannot be a reason to review the order. The only consideration under Clause 6 of the Utilization Order whether the holder of the land should be compelled to cultivate crops which were in cultivation or not. If it is found that such cultivation is not possible, the District Collector has no option but to grant permission under Clause 6 of the Utilisation Order. In view of the fact that there is no compelling reason to WP(C).No.27884/2016 4 direct the holder of the land to cultivate crops, which where in cultivation, I am of the view that there is no scope for reviewing the order passed in this matter. Thus, the impugned order is set aside. The Grama Panchayath is free to consider the application in accordance with law for the building permit. The Grama Panchayath is directed to consider the application in the light of the Order already passed in the the matter.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.27884/2016 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE TAX RECEIPT DATED 17.5.16 ISSUED BY THE VILLAGE OFFICER, PURAPUZHA.
EXHIBIT P2 COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 3RD RESPONDENT.
EXHIBIT P3 COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER AND VILLAGE OFFICER, PURAPUZHA DATED 18.9.12.
EXHIBIT P4 COPY OF THE ORDER NO.A2.5680/2014 DATED 17.3.15 OF THE 2ND RESPONDENT.
EXHIBIT P5 COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE 4TH RESPONDENT PANCHAYATH TO THE PETITIONER DATED 12.11.5.
EXHIBIT P6 COPY OF THE CIRCULAR NO.130/RA1/2016 DATED 19.4.16 ISSUED BY THE LSG [RA] DEPARTMENT.
EXHIBIT P7 COPY OF THE COMMUNICATION DATED 16.6.16 OF THE 2ND RESPONDENT TO IST RESPONDENT.