Alice Cherian v. The Revenue Divisional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).No. 16392 of 2015 (Y) ---------------------------- PETITIONER(S):

-------------------------- ALICE CHERIAN, W/O.CHERIAN THOMAS, PANTHAPPATTU HOUSE, NIRANAM NORTH P.O., THIRUVALLA.

BY ADVS.SRI.T.P.PRADEEP, SRI.P.K.SATHEES KUMAR.

RESPONDENT(S):

----------------------------

1. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA-689 101.

2. THE AGRICULTURAL OFFICER/ CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, NIRANAM-689 621.

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 16392 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS:- P1 :

TRUE COPY OF THE SALE DEED DOCUMENT NO.606/10 DATED 18-06-2015 REGISTERED IN SUB REGISTRAR OFFICE, KADAPRA. P2 :

TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT.

P3 TRUE COPY OF THE FIELD INSPECTION REPORT OF THE 2ND RESPONDENT DATED 21-05-2015.

P4 :

TRUE COPY OF THE PHOTOGRAPHS OF THE LAND.

P5 :

TRUE COPY OF THE REPRESENTATION DATED 10-04-2015. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 16392 of 2015 (Y) ------------------------------------------ Dated this the 3rd 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 28.45 Ares of land comprised in Resurvey No.18/1 of Kadapra Village as per Sale Deed document no.606/10. 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 were converted prior to bringing into force of the Kerala Cultivation of Paddy Land and Wet Land Act, 2008 it was held so in paragraphs 17 and 23, which are extracted hereunder:

"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

-2within 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

23. The respondents in all the appeals are directed to approach the competent authorities constituted under KLU Order 1967/ Kerala Conservation of Paddy Land

-3and 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 if has a contention that the lands were filled up prior to 2008, then has to approach the appropriate authority under the Kerala Land Utilisation Order 1967 for utilisation of the converted land. If the property is found to be filled up prior to the Act of 2008, 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

-4certified 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