"Kerala High Court Upholds Right to Revenue Certificate for Land Exempted under KLR Act, 1967
In a recent ruling, the Kerala High Court declared that the issuance of a revenue certificate cannot be denied based on land exemption under the Kerala Land Reforms Act, 1967 (KLR Act). The verdict, delivered in the case of M/S. Wayanad Granites versus the District Collector & Ors., solidified the right to obtain a revenue certificate even if the land in question falls under the exemption provisions of the KLR Act. The court further emphasized that the absence of permission to convert the land's exempted status under the Kerala Land Utilisation Order, 1967, should not hinder the issuance of the certificate.
Justice Gopinath P, who presided over the case, issued this judgment in response to a petition lodged by a granite quarrying company seeking revenue certificates for specific land in Wayanad. The land was classified as a plantation and had been exempted from land ceiling proceedings under Section 81(e) of the KLR Act, which specifically excludes plantations from the scope of the land ceiling provisions.
The petitioner contended that the denial of the revenue certificates by the Tahsildhar (revenue officer) was unjustified as the KLR Act does not impose any restrictions on utilizing land exempted under Section 81 for alternative purposes. The petitioner's legal counsel argued that the conversion of the land's status would merely entail its inclusion in the calculation of the land ceiling limit.
In response, the Government Pleader argued against the petitioner's entitlement to the revenue certificate. It was highlighted that the petitioner, being a lessee, had the land leased for granite quarrying purposes. The government's stance was that issuing the revenue certificate would revoke the land's exemption status under Section 81(e) of the KLR Act. Moreover, it was asserted that the land, previously a coffee plantation, could not be repurposed without proper authorization under the Kerala Land Utilisation Order, 1967. The recent 2012 amendment to the KLR Act allows exempted land to be utilized for non-plantation activities up to a maximum of 5% of the total holding.
The case hinged on whether the revenue certificates were sought for processing applications related to granite quarrying. The Tahsildar contended that issuing the certificates would facilitate mining activities, prompting environmental concerns and potential violations of land use regulations.
However, the Kerala High Court ultimately ruled in favor of the petitioner, affirming their right to obtain revenue certificates. The court acknowledged the certificates' intended purpose in obtaining permits for mining activities but emphasized that the decision on land usage for quarrying, environmental implications, and compliance with the Kerala Land Utilisation Order lies with appropriate authorities.
Importantly, the court clarified that the issuance of revenue certificates should not be misconstrued as approval for quarrying operations or as an exemption from obtaining necessary permissions under the Kerala Land Utilisation Order, 1967. Furthermore, landowners remain subject to the provisions of the KLR Act.
With these clarifications, the court concluded the case, directing relevant authorities to issue the revenue certificates within a month.
Advocates Enoch David Simon Joel, S Sreedev, Rony Jose, Leo Lukose, Karol Mathews Sebastian Alencherry, and Derick Mathai Saji represented the petitioner, while Senior Government Pleader Jaffarkhan represented the State."
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TAGS: Kerala High Court revenue certificate land exemption Kerala Land Reforms Act 1967 KLR Act Wayanad Granites District Collector plantation land Tahsildhar land ceiling provisions Section 81(e) land utilization granite quarrying permission environmental clearance mining permit land conversion coffee cultivation legal ruling court verdict government pleader petitioner case disposition legal representation advocates.
