Lakshmikutty Amma v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 WP(C).No. 16227 of 2015 (C) ---------------------------- PETITIONER :
---------------------- LAKSHMIKUTTY AMMA, AGED 72 YEARS, W/O. LATE VASDEVAN, PALACKAL HOUSE, PURAPUZHA KARA,PURAPUZHA P.O, THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.SRI.ROMY CHACKO SRI.P.S.GEORGE RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM -695 001
2. THE REVENUE DIVISIONAL OFFICER, MEENACHIL, PALA -686 012
3. THE VILLAGE OFFICER, BHARANANGANAM VILLAGE, KOTTAYAM -686 001 BY SPL.GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 16227 of 2015 (C) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF TAX RECEIPT DT 24-02-2015 ISSUED BY THE 3RD RESPONDENT EXT.P2 TRUE COPY OF RELEVANT PAGE OF DRAFT DATA BANK OF BHARANANGANAM VILLAGE, DATED NIL EXT.P3 TRUE COPY OF THE APPLICATION DT 19-03-2015 UNDER KLU ORDER BEFORE THE 2ND RESPONDENT EXT.P4 TRUE COPY OF REPORT OF THE VILLAGE OFFICER, DATED 9-4-2015 RESPONDENT(S)' EXHIBITS:
NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 16227 of 2015 (C) ------------------------------------------ Dated this the 4th day of June, 2015
J U D G M E N T
The petitioner has filed the above writ petition for correction of the description in the Basic Tax Register (BTR), of 8.10 Ares of land comprised in Resurvey No.345/2-3 in Block No.35 of Bharananganam Village as per Thandaper No.35/5846. The Supreme Court in RDO v. Jalaja Dileep - 2015(2) KHC 109(SC) considered the issue of rectification of description in the Basic Tax Register and held that the same is not permissible. However, with respect to conversion and utilisation of lands which are not covered or were converted prior to bringing into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the 'Paddy Land Act') it was held so in paragraphs 17 and 23, which are extracted hereunder:
-2- "17. ''Paddy land" and "Wetlands" are defined under Sections 2 (xii) and 2 (xviii) of the Act respectively. As per Section 5(4), the Committee shall interalia prepare a data Bank with details of cultivable paddy land within the jurisdiction of the Committee. If the land is not included in the Data Bank or Draft Data Bank prepared under the Kerala Cultivation of Paddy Land and Wetland Act, 2008 and if it is not a "Paddy Land" or "Wetland" as defined under Act 28 of 2008, at the time of commencement of the Act 12 of 2008 and the classification of land is noted as "Nilam"
in the revenue records, the provision of Kerala Land Utilization Order 1967 will be applicable to such land and the Collector as defined in clause 2(a) of KLU Order 1967 has the power to grant permission to utilize the land for other purposes. As stated in clause 2(a) of KLU Order, Collectors shall examine such request for residential purpose, on merits on a case to case basis. However, with a view to prevent indiscriminate filling of Paddy Lands in the State, the Government have also prescribed certain restrictions in the Notification dated 5.2.2002 noted (supra), in which District Collectors have been directed interalia to ensure that the conversions which are likely to render irrigation investments infructuous and large scale conversion for commercial purpose are not allowed.
xxx xxx xxx
-323. The respondents in all the appeals are directed to approach the competent authorities constituted under KLU Order 1967/ Kerala Conservation of Paddy Land and Wetland Act 2008 as the case may be for conversion of the land. When the respondents approach the concerned authorities constituted under the above statutes, the concerned authorities shall consider the application of the respondents in accordance with the relevant provisions of the statutes and also the notification G.O.(Rt).
No.157/2002/Ad dated 5.2.2002 already extracted above in para 11 and in accordance with law keeping in view the factual position that may be brought to the notice of the authorities along with material to substantiate their claim. In the facts and circumstances of the case, we make no order as to costs."
In such circumstances, no rectification of the Basic Tax Register could be made. The petitioner has a contention that the lands are not included in the Data Bank prepared under the Paddy Land Act for the area. The petitioner then has to approach the appropriate authority under the Kerala Land Utilisation Order 1967 for changed utilisation of the land. Such an application is filed at Ext.P4. If the property
-4is found to be utilised for a different purpose prior to the Paddy Land Act, the consideration shall be made, if necessary, after a physical inspection and concluded by a speaking order within two months from the date of production of the certified copy of this judgment. Subsequent to such a finding the petitioner could also approach the appropriate authority under the Kerala Land Tax Act for fresh assessment of the land, as directed to be utilised under the KLU order, as has been held in Kizhakkambalam Grama Panchayath V. Mariumma - 2015(2) KLT 516.
The Writ Petition is disposed of.
Sd/- K.VINOD CHANDRAN, JUDGE jjj