Land not classified as paddy or wet land at the start of the relevant Act can be utilized for non-agricultural purposes as per the Land Utilisation Order.

J U D G M E N T

Petitioner is the owner of the property having an extent of

30 cents comprised in Re.Sy.No.248/18/2 of Mylom Village in Kottarakkara Taluk. According to the petitioner, though the property is described as 'Nilam' in the revenue records, actually it is a 'garden land' with so many improvements, including yielding coconut trees and other trees of about more than 25 years' age. The petitioner has submitted Ext.P5 application before the first respondent/Tahsildar for correcting the entries in the Basic Tax Register, for enabling him to construct a building in the said property, which is still to be acted upon and hence the writ petition.

2. Heard the learned Government Pleader as well, who submits that the conversion was effected prior to the commencement of the Act, 28 of 2008 (Kerala Conservation of Paddy Land and Wetland Act, 2008).

3. The legal position has been made clear by this Court as per the decision in Jafarkhan vs.Kochumarakkar (2012 (1) KLT 491), whereby it has been held that, if the property was not lying as a 'paddy land' or 'wet land' as defined under Section 2 (xii) or 2(xviii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (Act 28 of 2008) as on the date of commencement of the said Act, it does not have any application at all. Under such circumstance, the claim of the petitioner, if at all any, to permit him to make use of the property for other purposes than agricultural purpose, is liable to be entertained in the light of Clause 6 of the Kerala Land Utilisation Order, 1967, which is the law declared by this Court as per the decision in Praveen vs. Land Revenue Commissioner (2010 (2) KLT

617).

4. In the above circumstances, the petitioner is directed to file a fresh petition under the Kerala Land Utilisation Order before the Addl. Third respondent/District Collector, on which event the same shall be considered and appropriate orders shall be passed under Clause 6 of the Kerala Land Utilisation Order, so as to enable the petitioner to make use of the property for other purposes than agricultural purposes. The proceedings, as above, shall be finalised at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment, after affording an opportunity of hearing to the petitioner. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE

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