IMPORTANT POINT
Land assigned for cultivation of cardamom can only be utilized for that purpose, and any violation would result in the resumption of the land by the Government.

JUDGMENT :

A. Muhamed Mustaque, J.

The petitioner claims ownership of the property comprised in Re.Sy. No.235/1-1(Old No.343/1) of Anaviratti Village, Idukki. There is a small building in the property. It is a cardamom land. The petitioner wants to reconstruct the building. The proposed construction is having a total plinth area of 2915.63 Sq. Mts. It is proposed as a residential building. The Tahsildar, Devikulam considered the request for NOC in the light of the direction issued by this Court and rejected the same.

2. As seen from the impugned order, the Tahsildar placed reliance on Rule 34 of Cardamom Rules, 1935. However, these Rules have been repealed by virtue of Section 9 of the Travancore Cochin Government Land Assignment Act, 1950. The question to be decided is the law applicable for construction in the cardamom land. The learned Special Government Pleader submits that Section 8 of Kerala Government Land Assignment Act, 1960 would continue to operate to govern any land which was assigned under the repealed rules. Section 8 reads thus:

“Assignment to take effect with restrictions, conditions, etc. according to their tenor. -All the provisions, restrictions, conditions and limitations contained in any Pattah or other document evidencing the assignment of Government land or of any interest therein shall be valid and take effect according to their tenor, notwithstanding any law for the time being in force or any custom or contract to the contrary.”

3. We also note that a rigour has been imposed under Kerala Land Utilisation Order 1967 (for short “KLUO”). Clause 2b of KLUO defines food crops, which includes cardamom. Clause 6 of KLUO says that no holder of the land shall utilise such land for the cultivation of any food crop or any other purpose except under the written permission given by the Collector.

4. A Division Bench of this Court W.A No.2436 of 2016 approved the judgment in Raphy John and Other v. Land Revenue Commissioner [2022 KHC 3494] and held that a land given for specific purpose cannot be utilised for other purpose defeating the objectives of patta. There is no dispute to the fact that the land in question is a cardamom land. We find that rigour under Section 8 would continue to operate notwithstanding repeal of Cardamom Rules. The land given for cultivation of cardamom under the Cardamom Rules can only be utilised for the purpose of cultivating cardamom. The rigour of Clause 6 of KLUO also would apply in respect of utilisation of land.

5. In the light of above, we are of the view that cardamom plantation will have to be retained as cardamom plantation. Any violation would entail in resumption of the land by the Government. However, nothing prevents the District Collector from permitting the construction of any building which may be required for maintaining the cardamom plantation. We also note that there was small building in the land held by the petitioner. Therefore, we direct the District Collector, Idukki to consider the request for NOC. While considering the NOC, the District Collector shall specify the plinth area for construction.

The writ petition is disposed of as above.