SOMARAJAN Vs. THE DISTRICT COLLECTOR, KOLLAM

JUDGEMENT

(1.) These batch of writ petitions are filed seeking for a direction to consider the applications filed by the petitioners under clause 6 of the Kerala Land Utilisation Order for utilising land for other purposes. The petitioners' case is that their land has been converted prior to the Act 28 of 2008 and is no longer fit for paddy cultivation. The petitioners would submit that their paddy land is not included in the draft data bank either as a paddy land or wetland and therefore, the Collector has to give permission in terms of clause 6 of KLUO to utilise the land for other purposes.

(2.) Kluo is issued under the Essential Commodities Act, 1955 in the wake of food scarcity to boost up production of food crops. It refers to certain food crops which includes Paddy also. The nature of the power vested with the Collector under the KLUO, is in the nature of the enabling powers to command the holders of the land to cultivate those food crops, which are referred in the KLUO. The right of land holder is therefore, fettered to the extent the enabling power that could be exercised by the Collector. Power is also given to the Collector to relax the enabling power by permitting the holder of the land to utilise the land for other purposes in terms of clause 6 of KLUO. This is essentially when it is satisfied that the land is no longer required for cultivation of food crops which were under cultivation.

(3.) When the Kerala Conservation of Paddy Land and Wet Land Act, 2008 was enacted in the year 2008, all the matters relating to the Paddy land have to be considered and treated in terms of the provisions of the Act 28 of 2008 {see judgement of the Division Bench of this Court in Praveen Vs. Land Revenue Commissioner, 2010 2 KerLT 617. However, in respect of other food crops, which are not covered by the Act 28 of 2008, if it is otherwise covered under KLUO, the KLUO should be followed for the purposes of utilising the land.