Kerala High Court
Vijaya Kumari P.V vs State Of Kerala on 30 December, 1976
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 29TH DAY OF AUGUST 2017/7TH BHADRA, 1939
WP(C).No. 2808 of 2017 (A)
---------------------------
PETITIONER:
-----------
VIJAYA KUMARI P.V.
AGED 70 YEARS W/O. LATE SUKUMARAN,
MOOLAYIL HOUSE, VIJAYAPURAM VILLAGE,
MANGANAM PO., KOTTAYAM
BY ADV. SRI.GIKKU JACOB
RESPONDENTS:
------------
1. STATE OF KERALA
REPRESENTED BY SECRETARY,
REVENUE DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM PIN-695001
2. THE REVENUE DIVISION OFFICER
REVENUE TOWER,
KOTTAYAM
3. THE VILLAGE OFFICER
MUTTAMBALAM VILLAGE, KOTTAYAM
4. LOCAL LEVEL MONITORING COMMITTEE
VIJAYAPURAM GRAMA PANCHAYATH.
REPRESENTED BY CONVENER.
AGRICULTURE OFFICE, VIJAYAPURAM GRAMA PANCHAYATH
KOTTAYAM
BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29-08-2017, ALONG WITH WPC. 2846/2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No. 2808 of 2017 (A)
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1: TRUE COPY OF THE SALE DEED DATED 30.12.1976 REGSTERED
AS DOCUMENT NO.3196/76 OF ADDITIONAL S.R.O. KOTTAYAM
EXHIBIT P2: TRUE COPY OF BUILDING TAX RECEIPT FOR THE YEAR 1989
EXHIBIT P3: TRUE COPY OF THE LAND TAX RECEIPT DATED 19.1.2016
ISSUED FROM THE MUTTAMBALAM VILLAGE
EXHIBIT P4: TRUE COPY OF THE POSSESSION CERTIFICATE DATED
19.8.2008 ISSUED BY THE VILLAGE OFFICER, MUTTAMBALAM
EXHIBIT P5: TRUE COPY OF THE APPLICATION FILED BEFORE THE 2ND
RESPONDENT REVENUE DIVISIONAL OFFICER
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
------------------------------------------
W.P.(C) Nos. 2808 & 2846 of 2017
------------------------------------------
Dated: 29th August, 2017
J U D G M E N T
The petitioners are concerned with 22 cents of property in various survey numbers in Muttambalam Village (earlier in Vijayapuram Village). The petitioner in W.P.(C) No.2808/2017 purchased the above 22 cents; of which 5 cents is comprised in Survey No.158/4B/2, 15 cents in Survey No.276/4 and 2 cents is Survey No.158/4A/1 in the aforesaid village. Out of this, 9 cents in Survey No.87/11 of Muttambalam village was settled on her husband, on whose death it devolved on her son, who is the petitioner in W.P.(C) No.2846/2017.
2. The petitioners are aggrieved with the fact that though the subject land is described in the data bank as 'karabhumi converted 10 years back', the same W.P.(C) Nos. 2808 & 2846/2017 -2- is described as 'nilam' in the Basic Tax Register. The petitioners' further contention is that there were two buildings existing in the said properties which is seen from Ext.P1 title deed of the mother. The petitioner has also been paying building tax, which is evidenced by Ext.P3 receipt, of 1984, produced in W.P.(C) No.2808/2017. The other building, existing in the 9 cents, was also assessed to tax, for which tax was paid as per Ext.P3, produced in W.P.(C) No.2846/2017, of the year 1984.
3. The possession certificate issued and the land tax receipts indicate the property to be a 'nilam', which is the description as per the revenue records. The petitioners also has filed Exts.P5 and P6 applications, produced respectively in W.P.(C) Nos. 2808/2017 and 2846/2017, which are under Clause (6) of the Kerala Land Utilization Order, 1967 ('KLU Order' for short). W.P.(C) Nos. 2808 & 2846/2017 -3- This Court had directed the Local Level Monitoring committee (LLMC) to inspect the property and file a report and also obtain a report from the Kerala State Remote Sensing and Environment Center (KSREC). The same have been produced in both the writ petitions along with memo dated 22.07.2017.
4. The report in W.P.(C) No.2808/2017 filed by the LLMC shows that the property was inspected in the presence of the Village Officer. The data bank shows it to be converted as 'karabhoomi' approximately before 10 years as on 08.09.2010. It is also reported that a house is existing in the property with standing trees of more than 30 years. The report in W.P.(C) No. 2846/2017 is identical to that filed in W.P.(C) No.2808/2017. The report on Land Use Change examines the properties in Survey No.87/10 and 87/11. Survey No.87/10, which property is the subject matter W.P.(C) Nos. 2808 & 2846/2017 -4- of W.P.(C) 2808/2017 is observed from the topo sheet of 1967 as being under paddy cultivation. However, in the year 2004 there are buildings/structures at the centre with vegetation/plantation along the borders of the plot, as revealed from the data of 23.12.2004 (figure
4). The land use pattern was continued in the data of 2010, 2013 and 2016 (figures 5 to 7).
5. The KSREC report of Survey No.87/11, produced in W.P.(C) No.2846/2017 also shows the property to be under paddy cultivation in 1967, but, with buildings/structures at the centre with vegetation/plantation along the borders in the data of 2004. This is continued in the years 2010, 2013 and 2016 (figures 5 to 7).
6. The building existing in the property, which has also been assessed to tax by the local authority, clearly indicates that the properties are covered under W.P.(C) Nos. 2808 & 2846/2017 -5- Circular No. 994733/RA 1/2016/LSGD dated 22.12.2016. Even the Government, by the aforesaid Circular, has permitted constructions to be carried on in a property in which a building is constructed with a valid permit, even if the said property is described as 'nilam' under the Kerala Conservation of Paddy Land and Wet Land Act, 2008.
7. Further, this Court has in Shivadasan v. Revenue Divisional Officer - 2017 (3) KLT 822 held that when the property is not included in the data bank, as is the case in the present writ petition, the District Collector/Revenue Divisional Officer (RDO) would have to necessarily allow the applications filed under Clause (6) of the KLU Order.
8. Considering the aforesaid circumstances, there shall be a direction to the RDO, the 2nd respondent, to consider the applications at Exts.P5 and W.P.(C) Nos. 2808 & 2846/2017 -6- P6 in the respective writ petitions in accordance with the Circular cited above and the declaration in Shivadasan (supra), within a period of one month from the date of receipt of the certified copy of this judgment. The petitioner can apply for a certified copy of the reports of the LLMC & KSREC, in which event The registry shall issue the original of the report of KSREC and maintain a photostat copy of the report in the records of the writ petition.
The writ petition is allowed. No Costs.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 30/8/17