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2024 Supreme(Online)(KER) 15253
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO.6845 OF 2024
PETITIONER:
A.P.PROPERTIES
HAVING ITS REGISTERED OFFICE AT NO. 8/1187,
ARUMUGH GARDENS, PALAKKAD, REPRESENTED BY ITS
PARTNER ANVAR AMEEN CHELAT, AGED 52 YEARS, S/O.
ABDUL AZEEZ CHELAT, RESIDING AT ANAPPADIKKAL HOUSE,
KALPAKANCHERY P.O., MALAPPURAM, PIN - 676551
BY ADVS.
K.J.MOHAMMED ANZAR
P.K.MINIMOLE
A.RADHAKRISHNAN NAIR
BAPPU GALIB SALAM
MUHAMMED ASHIQUE
G.MOTILAL
RESPONDENTS:
REVENUE DIVISIONAL OFFICER, PERINTHALMANNA
REVENUE DIVISIONAL OFFICE PERINTHALMANNA,
SHORNUR-PERINTHALMANNA RD, SHANTI NAGAR,
PERINTALMANNA, MALAPPURAM KERALA, PIN - 679322
TAHSILDAR (LR) KONDOTTY
KONDOTTY TALUK OFFICE, SH28, KONDOTTY,
MALAPPURAM KERALA, PIN – 673638
BY SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Successor's entitlement to maintain application under KLU Order without additional order under Act, 2008.
Headnote:
KLU Order - Land Utilization - The court set aside the order directing the petitioner to obtain an additional order under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and directed the respondent to consider the petitioner's application in Form A afresh.
Fact of the Case:
The petitioner, a partnership firm, purchased properties covered by sale deeds and filed an application for fixation of basic tax rate. The respondent directed the petitioner to obtain an order under the Kerala Conservation of Paddy Land and Wetland Act, 2008, in order to entertain the application.
Finding of the Court:
The court found that the petitioner, as the successor of the previous owner who obtained the KLU Order, is entitled to maintain the application in Form A without the need for an additional order under the Act, 2008. The court set aside the respondent's order and directed reconsideration of the petitioner's application.
Issues: Interpretation of the requirement for an additional order under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and the entitlement of the petitioner to maintain the application in Form A.
Ratio Decidendi: The court held that the petitioner, as the successor of the previous owner who obtained the KLU Order, is not required to obtain an additional order under the Act, 2008, and is entitled to maintain the application in Form A.
Final Decision: The court set aside the respondent's order and directed reconsideration of the petitioner's application in Form A.
The petitioner is a partnership firm. The petitioner purchased properties covered by Exts.P2 & P3 Sale deeds. The predecessor-in-interest of the said properties had obtained Ext.P4 order under the Kerala Land Utilisation Order, 1967 [for brevity, ‘the KLU Order’] for using the land for purposes other than agriculture and to use the same for industrial, commercial and construction of other buildings. Pursuant to the purchase of the properties, the petitioner filed Ext.P5 application in Form A under Section 6(2) of the Kerala Land Tax Act, 1961 [for brevity, ‘the Act, 1961’] read with Rule 5(ii) of the Kerala Land Tax Rules, 1972 for fixation of rate of basic tax and to make necessary entries in the BTR. However, the
2nd respondent/Tahsildar [LR], by Ext.P8, directed the petitioner that they have to obtain an order from the 1st respondent/Revenue Divisional Officer under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for brevity, ‘the Act, 2008’) in order to entertain Ext.P5 application.
2. The learned counsel for the petitioner contends that Ext.P8 order is illegal and is against the settled principles of law that, once KLU order has been obtained for utilising land for other purposes than agriculture, a separate application as prescribed under Section 27A of the Act, 2008 need not be filed and that 25% of fair value towards fee for conversion cannot be levied. The petitioner relies on the judgments of this Court in LLMC Kizhakkambalam Grama Panchayat and Others v. Mariyumma and Another [2015 (3) KHC 19], Tahsildar, Thodupuzha Taluk and Another v. Renjith George [2020 (1) KHC 865], District Collector, Ernakulam and others v. Fr.Jose Uppani and others [2020 (4) KLT 612], M/.s.Sealand Builders Pvt.Ltd. v.Revenue Divisional Officer, Fort Kochi and Others [2020 (40 KHC 764 and Mary Abraham v. State of Kerala and Others [2020 KHC 5400] in support of the said contention.
3. Since the predecessor-in-interest of the petitioner had obtained an order under Clause 6(2) of the KLU Order prior to the introduction of Section 27A of the Act, 2008, the 2nd respondent cannot insist them to obtain an order under Section 27A of the Act, 2008 to make changes in the Revenue Records since the petitioner has stepped into the shoes of the person who had obtained order under KLU Order. Therefore, the petitioner is entitled to maintain an application in Form A. Accordingly, Ext.P8 order is set aside and there will be a direction to the 2nd respondent to consider Ext.P5 application in Form A afresh, in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE sp/04/03/2024 APPENDIX PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE PARTNERSHIP DEED DATED
01.02.2018 Exhibit P2 TRUE COPY OF THE SALE DEED NO.
4969/03/I DATED 20.12.2003 Exhibit P3 TRUE COPY OF THE SALE DEED NO.
4970/03/I DATED 20.12.2003 Exhibit P4 TRUE COPY OF THE KLU ORDER NO.
M.8162/2000 DATED 19.04.2003 Exhibit P5 TRUE COPY OF THE APPLICATION IN FORM A ALONG WITH A TABLE SHOWING THE DETAILS OF PROPERTIES COVERED BY EXT. P4 KLU
ORDER
Exhibit P6 TRUE COPY OF THE COVER LETTER DATED
13.01.2024 Exhibit P7 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT DATED 15.01.2024 Exhibit P8 TRUE COPY OF THE ORDER HAVING FILE NO.
TLKKDY/344/2024-H4 DATED 05.02.2024 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
16/06/2023 IN WP(C) 19392/2023 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED
21/07/2023 IN WP(C) 23749/2023
