RANI GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the owner of 27.20 Ares in Re-Survey No. 74/2 in Block No. 13, Elakkadu Village. The above land is presently dry land despite the fact that the same is classified as 'Nilam' in the Basic Tax Register. In the data bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as Act 28 of 2008), the above land is a reclaimed land. Petitioner submitted a request for utilising the land for other purposes in terms of Kerala Land Utilization Order.

(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, 2014 1 KerLT 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 petitioner is 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.) The Collector has power under clause (6) of the Kerala Land Utilisation Order, 1967 (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,2010 2 KHC 499 held as follows: