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2025 Supreme(Online)(KER) 11544
HIGH COURT OF KERALA
Nitin Jamdar, CJ, S.MANU, J
ANTONY MATHEW – Appellant
Versus
BINDU SAJI – Respondent
WA 2632/2015
SRI.PHILIP T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA SMT.A.SREEKALA SRI.THOMAS T.VARGHESE, K. P. HARISH, SR. GP, SRI.P.BENNY THOMAS SRI.M.GOPIKRISHNAN NAMBIAR SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.K.R.MONISHA SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI. T. A. UNNIKRISHNAN SMT. RAMOLA NAYANPALLI
The court mandated a reassessment of land conversion legality due to insufficient reasoning in the prior order, emphasizing the need for a reasoned decision by authorities.
Headnote:(A) Kerala Land Utilization Order, 1967 - Kerala Conservation of Paddy Land and Wetland Act, 2008 - Appeals filed against the order directing the Petitioner to approach the District Collector for utilizing land for Kisan Seva Kendra - The segregation of land for this purpose was deemed irrelevant due to inaction over 10 years - The court found that the impugned order lacked detailed discussion on the conversion status of the land and directed authorities to reassess the conversion legality. (Paras 1, 4, 9, 10)
(B) Writ Jurisdiction - The court emphasized the need for a reasoned order from the authorities regarding land conversion and allowed the Petitioner to seek regularization if permissible under law. (Paras 10, 11)
Facts of the case:
The Petitioner sought to establish a Kisan Seva Kendra on 10 cents of land, facing issues related to the conversion of this land and legality of previous permissions granted.
Findings of Court:
The court modified the Single Judge's order, directing authorities to decide on the conversion status of the entire land and take corrective measures.
Issues: The primary issues revolved around the legality of land conversion and the adequacy of the original order's reasoning.
Ratio Decidendi: The court determined that the lack of detailed examination in the impugned order necessitated a reassessment of the land's conversion status by the authorities, affirming the need for a reasoned decision.
Result: Appeals disposed of with directions.
JUDGMENT
Dated this the 10th day of February, 2025 Nitin Jamdar, C. J.
These two appeals are filed challenging the order dated 3 November 2015 passed by the learned Single Judge in W. P. (C) No. 27697 of 2014. By the impugned order, the learned Single Judge directed Respondent No. 1 / Original Petitioner to approach the District Collector for the utilization of 10 cents of land under Clause 6 of the Kerala Land Utilization Order , 1967, for the purpose of establishing Kisan Seva Kendra for which dealership was to be given by the Respondent Indian Oil Corporation. As regards the conversion aspect of 33.25 cents of land was concerned, liberty was given to the State to take necessary action.
2. Heard Ms. K. R. Monisha, learned counsel for the Appellants in W. A. No. 2632 of 2015, Mr. K. P. Harish, learned Senior Government Pleader appearing for the Appellant State in W. A. No. 2747 of 2015, Mr. Arjun Varma, learned counsel representing Mr. T. A. Unnikrishnan, learned counsel for Respondent No. 1 and Ms. Ramola Nayanpalli, learned counsel representing Mr. M. Gopikrishnan Nambiar, learned Standing Counsel for the Respondent Corporation.
3. Though the entire extent of land claimed by the Petitioner was 43.250 cents, segregation of 10 cents was made because the Petitioner wanted this 10 cents for setting up the Kisan Seva Kendra. In W. A. No. 2632 of 2015, by an interim order dated 25 January 2016, the Division Bench observed that the conversion of 10 cents shall be provisional and there shall be no further conversion of the paddy land in view of the pendency of the appeal.
4. Learned counsel for the Indian Oil Corporation states that no Kisan Seva Kendra has come up on the site in the last 10 years. Therefore, it is clear that the purpose of making segregation, as far as the controversy regarding legal or illegal conversion of the land, has now lost its relevance. Thus both the parcels of lands need not be separately dealt with.
5. The writ petition was filed by Respondent No. 1 / Original Petitioner being aggrieved by Ext. P8 order issued by the Government of Kerala dated 3 February 2014 on an application filed by the Original Petitioner on 22 May 2013. In this application, the Original Petitioner had challenged the prohibitory order issued in respect of the conversion of the land in Survey No. 318/10 and for stoppage of the construction activity. The Petitioner had stated that a notification was issued by the Indian Oil Corporation; she was selected and, therefore, would require the property which is duly and lawfully converted for the purpose of setting up the Kisan Seva Kendra. The Village Officer reported that 10 cents (0.04 ares) in Survey No. 318/10 of the Village was obtained by the Petitioner as per Deed No. 755/2010 of SRO, Koothattukulam dated 30.03.2010 and 33 ¼ cents in the same survey number as per Deed No. 2406/2008 which is in her possession and included in Thandaper No. 8210 and that she is paying the tax.
6. The property is situated on the eastern side of Piravom-Pala Road, approximately 500 meters from Elanji junction, Muvattupuzha Taluk, Ernakulam District. As per the Basic Tax Register, 75 cents in Survey No. 318/10 is lying as wetland and 10 cents out of the same is in the name of one Mr. C. A Augusti, s/o. Augusti, Cherumthadathil House, Elenji Village and permission was granted by the Revenue Divisional Officer to the said Augusti for filling up 5 cents of land for the construction of a house as per Order No. A9.7349/2008 dated 06.01.2008. The Petitioner purchased that 10 cents as per Deed No. 755/10 dated 13 March 2020 from Mr. Augusti. This property and the other property having a total extent of 43¼ cents in Survey No. 318/10 are in the name of the Petitioner. On site inspection, it was found that the said 43¼ cents of Nilam is lying in one plot, and the same is filled with red soil at the height of 5 feet after constructing a stone wall around the property. The property is bounded on the east and south by a Th
