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2024 Supreme(Ker) 1713

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ.
Mukthar Ali, S/o. P.K. Aliyar and Anr. – Appellants
Versus
State Of Kerala, Represented By Secretary, Department Of Revenue, Secretariat, Thiruvananthapuram and Ors. – Respondents
WA No. 992 of 2024
Decided On : 21-08-2025

Advocates Appeared:
For the Appellants : Shri. K.C. Vincent.
For the Respondents: Sri M.H. Hanilkumar SPL GP.

The affirmation of the District Collector's order regarding land conversion application is upheld, confirming no pending applications exist, and potential review of earlier judgments remains permissible.

Headnote:(A) Kerala Land Utilisation Order, 1967 - The Kerala Conservation of Paddy Land and Wetland Act, 2008 - Appeal against dismissal of land conversion application - The District Collector rejected the application due to prior conversion and construction of an industrial unit - Previous judgments upheld the Collector’s order. (Paras 3, 4)

(B) Judicial Review - The court will not interfere with administrative decisions unless there is a violation of law or principles of natural justice. (Para 4)

Facts of the case:
The appellants' father initiated a process to correct the Basic Tax Register and had previously sought land conversion, which was rejected by the District Collector and affirmed by judicial review.

Findings of Court:
The District Collector's order stands affirmed as there is no pending application for consideration and the appellants may pursue review if applicable.

Issues: The court addressed whether any pending application exists and the implications of previous judgments on the present case.

Ratio Decidendi: The court affirmed the preceding decisions and concluded that the appellants have no current application pending; review of earlier judicial pronouncements remains a potential remedy.

Result: The Writ Appeal stands dismissed.

Table of Content
1. procedural history of the case (Para 1 , 2)
2. affirmation of the district collector's order (Para 3)
3. submission of arguments regarding applications (Para 4)

JUDGMENT :

A. Muhamed Mustaque, J.

The appellants' father filed an application under the KERALA LAND UTILISATION ORDER , 1967 (for short, KLU Order), on 20.11.2013 before the Land User's Commission, Thiruvananthapuram. This is for correcting the Basic Tax Register. Thereafter, the appellants' father approached this Court in W.P. (C) No.30236 of 2013 for consideration of his application. This Court directed the appellants' father to file a proper application under Clause 6 of the KLU Order before the District Collector. Accordingly, on 03.01.2014, an application was filed before the District Collector. This was considered by the District Collector, and an Order was passed on 25.08.2014. The District Collector is of the view that since the appellants' father had already converted the land and constructed an industrial unit, there is no point in considering his request for conversion and, accordingly, rejected the application.

2. The appellants' father challenged the Order of the District Collector dated 25.08.2014 before this Court in W.P. (C) No.24261 of 2014. The learned Single Judge vide judgment dated 20.10.2014 interfered with the order of the District Collector.

3. Thereupon, the State took up the matter in appeal (W.A. No.651 of 2015) before the Division Bench. The Division Bench vide judgment dated 17.03.2016 set aside the order of the learned Single Judge and affirmed the order of the District Collector. Therefore, the only possible conclusion is that the order passed by the District Collector now stands affirmed.

4. The appellants/petitioners submit that the Division Bench relegated the appellants' father to file a 3A application under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, the Act), and since then, the 3A application under the Act has been abrogated, and his original application under Clause 6 of the KLU Order shall be considered. It is to be noted that the challenge is against the order in original application, which has been concluded by the Division Bench Judgment. That means there is no such application pending before the District Collector, as rightly held by the learned Single Judge in W.P. (C) No.31825 of 2023. However, if the appellants/petitioners have any remedy to seek review of the earlier judgment of the Division Bench, they are free to do so in accordance with law.

The Writ Appeal stands dismissed.

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