This writ petition is filed seeking for a direction to the second respondent to change the entries in the Basic Tax Register and the Revenue Register with respect to the property owned by the petitioner as 'dry land' instead of ' paddy land'.
2. The petitioner submits that he has approached the Tahsildar for correcting classification of the property in the BTR. It was declined without any basis. The petitioner submits that his property is reclaimed land and it is not included in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act 2008. It is further submitted that the findings in Ext.P7 that this property is reconverted illegally in violation of the Kerala Land Utilisatiion Order is unsustainable. Therefore, the petitioner seeks for a direction to reclassify the land in the BTR. However, it is submitted that, without prejudice to the above claim, the petitioner may be permitted to utilise the land for other purposes in terms of clause 6 of the Kerala Land Utilisation Order.
3. In this matter, the 2nd respondent filed a report pursuant to the direction of this Court. It is reported that no rubber trees are planted in the property as claimed by the petitioner. 2nd respondent also filed a statement. It is submitted that the petitioner reclaimed wet land illegally. However, it is admitted that the petitioner's properties are not included in either as nilam or wet land in the draft data bank.
5. The Collector has power under Clause 6 of the Kerala Land Utilisation Order (for short, the 'KLUO') to grant permission to utilise such land for any other purposes. The Collector is defined under Clause 2(a) of the KLUO which includes the Revenue Divisional Officer as well. Though the properties are reclaimed before the enactment of the Act 28 of 2008, nevertheless, if the land in question was under cultivation with any food crop either three years prior to the commencement of the KLUO or after its commencement, permission from the Collector is necessary for utilising the above land for any other purposes. This Court in Praveen K.v. Land Revenue Commissioner, Thiruvananthapuram and others [2010 (2) KHC 499] held as follows:
“If an application is made under the Kerala Land Utilisation Order, the same is not liable to be dismissed before an enquiry is held by the concerned authority under the Act and a finding is entered that the land in respect of which the application is made is a paddy land or a wetland. If the land is not found to be paddy land or wetland, application has to be considered as per the provisions of the KLU.”
6. In Sunil v. Killimangalam Panjal 5th Ward, Nellulpadaka Samooham [2012 (4) KLT 511] another Division Bench of this Court held that permission under clause 6 can be granted for construction of building for industrial purposes also. In Praveen's case (supra) also this Court laid down the manner in which an application under clause 6 of the KLUO has to be dealt with by the Collector.
7. In Joseph John v. Land Revenue Commissioner
[2014 (1) KLT 706] it was held that even if land was already converted that is no bar in considering the application under clause 6 of KLUO. Therefore, if the properties are not reclaimed by contravening provisions of Act 28 of 2008, necessarily, the 'Collector' has to consider such application in terms of clause 6 of KLUO.
8. The Land Utilisation Order under the Essential Commodities Act is issued to avoid food scarcity. Admittedly, the petitioner's properties are not being used for cultivation of food crops as contemplated under the Land Utilisation Order. In the absence of any food crops being cultivated in the property, I am of the view that the permission shall be granted to the petitioner to utilise the land for other purposes in terms of clause 6 of the Land Utilisation Order. Therefore, the petitioner shall approach the District Collector or the Revenue Divisional Officer by filing application under clause 6 of the Kerala Land Utilisation Order within two weeks from the date of receipt of a copy of this judgment. Based on such application, necessary permission shall be granted to the petitioner within six weeks from the date of receipt of such application to utilise the land for other purposes including for construction on imposing conditions if so warranted.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.