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The District Collector Vs. Alikoya

Court : Kerala

..... in the result, these appeals are allowed setting aside the judgment of the learned single judge, reserving liberty to the petitioners to approach the authorities under the 2008 act for appropriate orders. ..... this apparently, is a factual dispute, which has to be considered only by the appropriate authorities under the 2008 act. ..... if the property involved is a paddy land or wet land as per the data bank entries in the llmc, 2008 act applies and the village authorities will have no jurisdiction to pass any orders for change of entries in the basic tax register, unless the entries in data bank are corrected by llmc. ..... petitioners have a case that the properties were reclaimed long prior to the 2008 act coming into force and the property is planted with rubber trees, arecanuts and coconut trees. ..... in shahanas shukkoor (supra), the learned single judge of this court only held that description of an item of property as nilam (paddy field) or wet land in revenue records is insufficient for the purpose of the 2008 act and it has to be verified whether the land is actually paddy field or wet land. ..... it is inter alia contended that the property is a rubber estate and it is not paddy land as contemplated under the conservation of paddy land and wet land act, 2008 (hereinafter referred as the '2008 act'). ..... the definition of paddy land in the 2008 act, means land where paddy is cultivated and paddy land left fallow and suitable for paddy cultivation. .....

Praveen Vs. Land Revenue Commissioner

Court : Kerala

Reported in : 2010(2)KLJ617

..... or, on the other hand, if he accepts the finding, then it is still open to him to submit an application under the kerala conservation of paddy land and wet land act, 2008 for necessary permission before appropriate authority in which event, the said application will be processed in terms of the provisions contained therein. ..... thus, in respect of paddy land and wet land as defined under the act, even if an application was made before appropriate authority under the land utilization order and in so far as no permission is granted in terms of the provisions contained therein, such conversion or reclamation of the paddy land is to be governed by the provisions contained in act 28/2008 since the effect of the prohibition contained in sections 3 and 11 is against reclamation or conversion of the paddy land and wet land. ..... in the writ petition ext.p10, issued by the revenue divisional officer, that in view of the new enactment, an application cannot be considered under the kerala land utilization order and reserving his right to approach the appropriate authority under the kerala conservation of paddy land and wet land act, 2008 is perfectly valid and not liable to be interfered with. ..... we will refer to the detailed facts in each of these cases at appropriate place after answering the legal issue with reference to the scope and application of the provisions in the land utilization order, after the kerala conservation of paddy land and wet land act, 2008 came into force.4. .....

Cherian George Vs. District Collector, Idukki

Court : Kerala

..... iii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider ext.p6 representation and pass appropriate orders as provided u/s.13 and 23 of the kerala conservation of paddy land and wet land act, 2008, as expeditiously as possible within a specified time as fixed by this hon ..... a writ of mandamus or any other appropriate writ, direction or order, commanding the 1st respondent to initiate appropriate legal actions against the 5th respondent as contemplated u/s.13 and 23 of the act, on the basis of ext.p6 representation. ..... accordingly, the first respondent is directed to consider and pass appropriate on ext.p6, with notice to the petitioner as well as to the 5th respondent, at the earliest, at any rate, within two months from the date of receipt of a copy of ..... actions being pursued by the 5th respondent by converting his paddy land for rubber cultivation violating the provisions of the act 28 of 2008. ..... prayer raised before this court is for issuance of a direction to the first respondent to consider and pass appropriate orders on ext.p6. ..... 23373 of 2013 (v) ---------------------------- appendix petitioner's exhibits : --------------------- exhibit p1 : copy of the complaint dated0103-2008 before the2d respondent exhibit p2 : copy of the representation dated0605-2009 before the revenue divisional officer, idukki by the petitioner's sister exhibit p3 : copy of the complaint dated2501-2011 before the2d respondent by the petitioner .....

Smt.Rahmath Vs. Revenue Divisional Officer

Court : Kerala

..... wp(c).26093/12 -:5:- therefore, the writ petition is disposed of permitting the petitioner to approach the local level monitoring committee with a representation within a period of one month from today, which is the appropriate forum prescribed by the rules under the kerala conservation of paddy land and wetland act, 2008. ..... this is because of the kerala conservation of paddy land and wet land act, 2008 deals with the conversion of lands, which are wetland or paddy fields, on the basis of actual fact situation and not depending on the description of the property in the revenue records.10. ..... , the panchayat issued ext.p3 notice asking her to stop the construction and to demolish the constructions already made, as it was in violation of the kerala land utilisation order and the kerala conservation of paddy and wetland act, 2008 (for short, the act).4. ..... as it is a garden land the question of exemption under the aforesaid act does not arise; it was argued.8. ..... the definite case of the petitioner is that as she has constructed the residential building in the garden land, there is no chance of making any environmental problem and, therefore, the provisions of the act are not applicable.5. ..... hence, the material question that is to be considered is whether the property is a garden land or nilam on the date of the advent of the act. .....

Suresh Vs. Village Officer

Court : Kerala

..... as long as it is not a paddy land or wet land coming within the purview of the kerala conservation of paddy land and wet land act, 2008, it shall be open for the revenue authority to conduct appropriate enquiry into the matter and issue possession certificate, taking into consideration, the nature of land as available at present. .....

Dr. B. Sreekumar Vs. The District Collector, Kottayam

Court : Kerala

..... the petitioner hence has to approach the appropriate authority under the act of 2008, for removing the same from the data bank as had been laid down in adani infrastructure and developers ..... if the land is not included in the data bank or draft data bank prepared under the kerala cultivation of paddy land and wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order 1967 will be applicable to such land and the collector as defined in clause 2(a) of klu order 1967 has ..... state of kerala - 2014 (4) klt200 subsequent to such a finding the petitioner could also approach the appropriate authority under the kerala land tax act for fresh assessment of the land, as directed to be utilised under the klu order, as has been held in kizhakkambalam grama panchayath ..... of 2014 6 under klu order 1967/ kerala conservation of paddy land and wetland act 2008 as the case may be for conversion of the land. ..... property is not a land, which could be included under the kerala conservation of paddy lands and wet lands act, 2008, since the same was converted long prior to 2008.5. ..... inspection and enquiry, it is understood that the above said property was converted before the commencement of act 28 of 2008 and the above said land was not suitable for paddy cultivation at the time of commencement of the act. .....

Havva Vs. Tirur Muncipality

Court : Kerala

..... 28 of 2008 as is evident from ext.p2 data bank prepared by the appropriate authority under act no.28 of 2008, which aspect is also not disputed by the respondent specifically in the counter affidavit.12. ..... if the land is not included in the data bank or draft data bank prepared under the kerala cultivation of paddy land and wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 (sic act 28) of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order, 1967 will be applicable to such land and the collector as defined in clause 2(a) of k.l.u. ..... in its counter affidavit, i have gone through the same and found that the respondent has not disputed the contention put forth by the petitioners that the property was developed prior to the introduction of act no.28 of 2008 by the state government, but contended that even if the land was converted so, no permission was sought for conversion of the same and therefore the municipality had no obligation to grant permit to the petitioners ..... jalaja dileep' [ 2015 (1) klt984(sc)], in order to canvass for the proposition that the properties which are already developed and converted as dry land prior to the introduction of act no.28 of 2008 does not suffer from any disqualification for carrying out construction activities as prohibited under act no.28 of 2008. .....

State of Kerala Vs. Latha C. Pillai

Court : Kerala

..... wp(c) no.500/2010 directed the revenue divisional officer to consider the application and since ext.p4 application requesting for reclamation was submitted prior to the commencement of the kerala conservation of paddy land and wet land act, 2008 (hereinafter referred to as 2008 act), disposal of the application was on total non application of mind. ..... that reason itself, the learned single judge was not justified in observing that since ext.p4 application was given prior to 2008 act coming into force, revenue divisional officer had the power to issue appropriate orders.7. ..... as far as ext.p4 is concerned, it is an application submitted by the petitioner before the tahsildar prior to coming into force of the 2008 act, but the fact remains that tahsildar was not the competent authority to adjudicate the request for conversion under clause 6 of the kerala land utilization ..... it is an admitted position that after the 2008 act, coming into force, if the properties are included as paddy land in the data bank entries, remedy of the holder of the land is to object to the said entry, if one has a case that the said entry is incorrect ..... /15 -:4:- revenue commissioner (2010 (2) klt617, wherein, the division bench clearly observed that after the coming into force of the 2008 act, which is prospective in operation in respect of paddy land, the remedy of the owners/holders of land is to approach the local level monitoring committee and procedure has to be adopted under the provisions of the 2008 act.8. .....

Rani George Vs. The District Collector

Court : Kerala

..... if the land is not included in the data bank or draft data bank prepared under the kerala cultivation of paddy land and wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order 1967 will be applicable to such land and the collector as defined in clause 2(a) of klu order 1967 ..... level monitoring committee, (constituted under s.5 of the kerala conservation of paddy and wet land act, 2008) represented by its convenor the agricultural officer, civil station, kakkanad, ernakulam-682 030.5. ..... subsequent to such a finding the petitioner could also approach the appropriate authority under the kerala land tax act for fresh assessment of the land, as directed to be utilised under the klu order, as has been held in kizhakkambalam grama ..... true copy of the relevant extract of the data bank prepared under the kerala conservation of paddy land and wet land act, 2008 with regard to the properties mentioned in exhibit p1 belonging to the petitioner. ..... contends that even in the draft data bank prepared under the kerala conservation of paddy land and wet land act, 2008 (hereinafter referred to as the 'paddy land act') the property is shown as converted land.2. ..... the petitioner then has to approach the appropriate authority under the kerala land utilisation order 1967 for changed utilisation of .....

Meena Davis Vs. The Revenue Divisional officer

Court : Kerala

..... if the land is not included in the data bank or draft data bank prepared under the kerala cultivation of paddy land and wetland act, 2008 and if it is not a "paddy land" or "wetland" as defined under act 28 of 2008, at the time of commencement of the act 12 of 2008 and the classification of land is noted as "nilam" in the revenue records, the provision of kerala land utilization order 1967 will be applicable to such land and the collector w.p.(c) ..... 21481/2015 -5- collector - 2015 (3) klt182 subsequent to such a finding the petitioner could also approach the appropriate authority under the kerala land tax act for fresh assessment of the land, as directed to be utilised under the klu order, as has been held in kizhakkambalam grama panchayath ..... in all the appeals are directed to approach the competent authorities constituted under klu order 1967/ kerala conservation of paddy land and wetland act 2008 as the case may be for conversion of the land. ..... the petitioner then has to approach the appropriate authority under the kerala land utilisation order 1967 for changed utilisation of the ..... contends that even in the draft data bank prepared under the kerala conservation of paddy land and wet land act, 2008 (hereinafter referred to as the 'paddy land act') the property is shown as w.p.(c) no. ..... petitioner has a contention that the land though included in the data bank prepared under the paddy land act for the area, the data bank itself indicates it to have been converted 10 years back, i.e .....