Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
C.SAJITHA W/o.selvan – Appellant
Versus
REVENUE DIVISIONAL OFFICER, PALAKKAD – Respondent
JUDGMENT
The petitioner is the owner in possession of a property having an extent of 4.21 Ares comprised in Re.Sy.No.50/15 (Old Sy.No.226/5C) in Block No.27 of Alathur Village. The petitioner purchased the said property as per the sale deed dated 07.04.2022 of SRO, Alathur. According to the petitioner, the predecessor in interest of the petitioner earlier submitted an application under Clause 6 of Kerala Land Utilization Order, 1967 and the same was allowed as per Ext.P2 order dated 13.04.1993 by which permission was granted to convert the property for residential purpose. Thereafter, as the property was included in the Data Bank prepared under the provisions of Kerala Conservation of Paddy Land and Wetland Act , 2008 (hereinafter referred to as 'Paddy Land Act'), the petitioner submitted Ext.P3 application in Form 5. Later, the petitioner approached this Court by filing W.P(C) No.27736/2023 for expeditious disposal of the Form 5 application. The said writ petition was disposed of as per Ext.P6 judgment in which direction was issued to the Revenue Divisional Officer to consider Form 5 application taking note of the order passed under the Kerala Land Utilization Order. The 1st respon
An independent assessment is required to determine the characteristics of land before rejecting conversion applications under the Paddy Land Act, regardless of prior permissions.
The court held that historical land classification does not prevent conversion if the land is non-cultivable, allowing petitioners to seek conversion under relevant laws.
Authorities must provide adequate reasoning and consider all relevant reports when making decisions on land conversion applications.
Applications for land conversion submitted before the cut-off date are not subject to the new conditions imposed by the Amendment Act.
The court ruled that prior permissions regarding land use are limited and require statutory application for any changes in tenure, reaffirming the need for compliance with land laws.
Permitting land use under Clause 6(2) does not extend to unauthorized reclamation, and remedies lie in approaching statutory authorities per Section 27A of the Paddy Act.
Permitting land use under Clause 6(2) does not extend to unauthorized reclamation, and remedies lie in approaching statutory authorities per Section 27A of the Paddy Act.
Point of the Court: Merely for the reason that the lands are lying low and are waterlogged, the same cannot be included as paddy lands in the data bank.
The Court emphasized that land utilization permissions must align with statutory provisions and that arbitrary administrative actions infringe upon the principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
