Kerala High Court
Somarajan vs The District Collector
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 4TH DAY OF AUGUST 2014/13TH SRAVANA, 1936
WP(C).No. 7301 of 2014 (K)
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PETITIONER(S) :-
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1. SOMARAJAN
S/O PARAMU, ULLAS BHAVAN, CHEERANKAVU
EZHUKONE, KOTTARAKKARA
2. REJITHA SOMARAJAN,
W/O SOMARAJAN, ULLAS BHAVAN, CHEERANKAVU
EZHUKONE, KOTTARAKKARA
BY ADVS.SRI.N.D.PREMACHANDRAN
SRI.D.AJITHKUMAR
SMT.AMBILY K.ARAVIND
RESPONDENT(S) :-
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1. THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM - 691 001.
2. THE ADDITIONAL TAHSILDAR,
TALUK OFFICE, KOLLAM - 691 001.
3. THE VILLAGE OFFICER,
VILLAGE OFFICE, KILIKOLLUR, KOLLAM - 691 004.
R1 BY SR.GOVERNMENT PLEADER SMT.ANITHA RAVEENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7301 of 2014 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS :-
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EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 26-07-
2013 ISSUED BY THE VILLAGE OFFICER, KILIKOLLUR.
EXHIBIT P1(A) A COPY OF THE PROPERTY TAX RECEIPT DATED 24-07-2013
ISSUED BY THE VILLAGE OFFICER, KILIKOLLUR.
EXHIBIT P1(B) COPY OF THE PROPERTY TAX RECEIPT DATED 25-07-2013
ISSUED BY THE VILLAGE OFFICER KILIKOLLUR.
EXHIBIT P2 A COPY OF THE BASIC TAX REGISTER OF KILIKOLLUR VILLAGE
OFFICE.
EXHIBIT P3 A COPY OF THE THANDAPPER REGISTER OF KOLLAM TALUK
OFFICE.
EXHIBIT P4 A COPY OF THE APPICATION DATED 08-10-2013 SUBMITTED BY
THE PETITIONER TO THE IST RESPONDENT.
EXHIBIT P5 A COPY OF THE REPORT DATED 13-11-2013 SUBMITTED BY THE
ADDITIONAL TAHSILDAR, TO THE FIRST RESPONDENT.
EXHIBIT P6 A COPY OF THE CERTIFICATE DATED 22-01-2014 ISSUED BY
THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KILLIKOLLUR TO THE FIRST
RESPONDENT.
EXHIBIT P7 A COPY OF THE COMMUNICAITON DATED 18-12-2013 ISSUED BY
THE FIRST RESPONDENT.
EXHIBIT P8 A COPY OF THE REPRESENTATION DATED 06-02-2014
SUBMITTED BEFORE THE FIRST RESPONDENT.
RESPONDENT(S)' EXHIBITS :- NIL
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//TRUE COPY//
P.A. TO JUDGE
A. MUHAMED MUSTAQUE, J.
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W.P.(C). No.7301 of 2014
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Dated this the 4th day of August 2014
J U D G M E N T
This writ petition is filed seeking for a direction to the respondents to reclassify the entries in the Basic Tax Register with respect to the properties, owned by the petitioners, shown as nilam to purayidom. These properties have been reclaimed long prior to Act 28 of 2008. However, without prejudice to the rights of the petitioners', consider their request for change of view of the lands in terms of clause (6) of the Kerala Land Utilisation Order, 1967.
2. It is admitted by the learned Special Government Pleader that the above properties are not included in the Draft Data Bank.
3. Learned counsel for the petitioners submits that the petitioners are entitled for a declaration from this Court in the light of the dictum laid down by this Court in Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another [2014 (1) KLT 161], to effectuate changes in the W.P.(C). No.7301 of 2014 -: 2 :- Basic Tax Register as the properties have been reclaimed long before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short the "Act 28 of 2008"). It is further submitted, without prejudice to the petitioners' right as above, for seeking a declaration, the petitioners are entitled to convert or utilise the above land for any other purposes other than for cultivating food crops, as the properties are no longer fit for any cultivation.
4. The Collector has power under clause (6) of the Kerala Land Utilisation Order, 1967 (for short, the "KLUO") to grant permission to utilise such land for any other purposes. The Collector is defined under clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the properties are reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This Court in Praveen K. v. Land Revenue W.P.(C). No.7301 of 2014 -: 3 :- Commissioner, Thiruvananthapuram and others [2010 (2) KHC 499] held as follows:
"If an application is made under the Kerala Land Utilisation Order, the same is not liable to be dismissed before an enquiry is held by the concerned authority under the Act and a finding is entered that the land in respect of which the application is made is a paddy land or a wetland. If the land is not found to be paddy land or wetland, application has to be considered as per the provisions of the KLU."
5. In Sunil v. Killimangalam Panjal 5th Ward, Nellulpadaka Samooham [2012 (4) KLT 511] another Division Bench of this Court held that permission under clause 6 can be granted for construction of building for industrial purposes also. In Praveen's case (supra) also this Court laid down the manner in which an application under clause 6 of the KLUO has to be dealt with by the Collector.
6. In the light of the provisions as above, I am of the view that the petitioners can approach the first respondent with a request in terms of clause 6 of the KLUO within 10 days from today. If the request is so received from the petitioners, the first respondent shall consider the same after adverting to Exts.P4 and P5, which clearly shows the nature and type of the land in W.P.(C). No.7301 of 2014 -: 4 :- existence on the date of issuing Exts.P4 and P5. Needful shall be done within a period of four weeks from the date of receipt of the applications submitted by the petitioners.
It is made clear that this writ petition is disposed of without prejudice to the petitioners' right to establish any claim based on Jalaja Dileep's case (supra). No costs.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
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