CHANDRASEKHARAN NAIR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the respondents to change the entries in the Basic Tax Register and other records with respect to the property owned by the petitioners and to make use the land for other purposes. Petitioners are the owner in possession of 39.16 Ares of land in Survey Nos. 108/2C, 108/10 and 108/11-2 of Edapally South Village, Kanayannur Taluk, Ernakulam District. Ext.P3 is the application to classify the land as dry land in Basic Tax Register and other records. Petitioners submit that without prejudice to the claim for declaration to classify the above land as purayidam, he may be permitted to utilize the land for other purposes under clause (6) of the Kerala Land Utilization Order, 1967.

(2.) The Collector has power under 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 property is 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:

(3.) In Sunil v. Killimangalam Panjal 5th Ward, Nellulpadaka Samooham, 2012 4 KerLT 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 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.