JOY V.P. Vs. THE VILLAGE OFFICER

JUDGEMENT

(1.) PETITIONERS have approached the Revenue Divisional Officer in terms of Clause 6 of the Land Utilisation Order. The petitioner claims to be the owner in possession of 7 Acres and 27 cents of land in Thuravoor Village, Aluva Taluk, Ernakulam District. The said properties were purchased by the petitioners as per registered sale deed No. 323/11 dated 5.2.2011 for an extent of 56.87 Ares in Sy. No. 531/4/11, Sale deed No. 324/11 dated 5.2.2011 for an extent of 03.93 Ares in Sy. No. 531/4/2, Sale deed No. 372/11 dated 10.2.2011 for an extent of 19 Ares, in Sy. No. 497/14, Sale deed No. 559/11 dated 17.2.2011 for an extent of 75.37 Ares, in Sy. Nos. 530/8 -2 530/7 -2 531/1 -2, 531/4 -2 Sale deed No. 5098/07 dated 5.9.2007 for an extent of 5.60 Ares, in Sy. No. 497/5, Sale deed No. 3961/03 dated 18.10.2003 for an extent of 18.40 Ares in Sy. No. 489/11/13, Sale Deed No. 662/03 dated 24.1.2003 for an extent of 18.20 Ares in Sy. No. 489/9, Ares in Sy. No. 497/1/2, 6/2, Sale deed No. 507/1/06 dated 25.10.2006 for an extent of 16.60 Ares in Sy. No. 489/12, Sale Deed No. 172/1/06 dated 30.12.2005 for an extent of 13.4 Ares in Sy. No. 497/7/17, Sale deed No. 4073/1/12 dated 22.9.2012 for an extent of 12.55 Ares, in Sy. No. 531/5/2, Sale deed No. 375/1/06 dated 23.1.2006 for an extent of 5.60 Ares in Sy. No. 489/10/2 Sale deed No. 374/1/06 dated 23.1.2006 for an extent of 19.26 Ares. According to the petitioners, this property is a converted land long before the enactment of Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is further submitted that in draft data bank the present status of the property is shown as purayidam. It is also submitted that the petitioners are entitled for utilisation of land for other purposes.

(2.) LEARNED counsel for the petitioners submit that they are entitled for a declaration from this Court in the light of the dictum laid down by this Court in Revenue Divisional Officer, Fort Kochi and others v. Jalaja Dileep and another : (2014 (1) KLT 161), to effectuate changes in the Basic Tax Register as the properties have been reclaimed long before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short the "Act 28 of 2008"). It is further submitted, without prejudice to the petitioners' right as above, for seeking a declaration, the petitioners are entitled to convert or utilise the above land for any other purposes other than for cultivating food crops, as these properties are no longer fit for any cultivation.

(3.) 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.