Paddy Land Circular Setaside Judgment 403694

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 22ND DAY OF OCTOBER 2021 / 30TH ASWINA, 1943
WP(C) NO. 3797 OF 2020
PETITIONER:
M.K. BABY
AGED 70 YEARS
D/O. KUMARA PILLAI, MOOTHEDATHU VEETTIL, KOVIL VATTOM
DESOM, ERNAKULAM, PRESENTLY RESIDING AT 'MARBLE ARCH, 1-A
SKY LINE BUILDING, KALOOR, ERNAKULAM - 682 017.
BY ADVS.
K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SRI.H.PRAVEEN (KOTTARAKARA)
SRI.T.S.NEJIMUDDIN
SMT.T.V.NEEMA
SMT.D.S.THUSHARA
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, ERNAKULAM - 682 030
2 REVENUE DIVISIONAL OFFICER
TALUK OFFICE, FIRST FLOOR, KB JACOB RD, FORT KOCHI,
KOCHI, KERALA - 682 001.
3 TAHSILDAR
TALUK OFFICE, KANAYANNUR PARK AVENUE ROAD, MARINE DRIVE,
ERNAKULAM - 682 011.
4 VILLAGE OFFICER, ERNAKULAM
PARK AVENUE ROAD, ERNAKULAM - 682 011.
BY SRI.RENJITH, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No3797 of 2020 & con.cases 2

PRESENT
&
WP(C) NO. 12912 OF 2020
PETITIONERS:
MINI JAIRAJ
AGED 55 YEARS
W/O.JAIRAJ, DOOR NO.XI/187 Z 44, OLIVE 7, JAIRAJ
SONATA APARTMENTS PADAMUGAL, THRIKKAKARA P.O., PIN-
682 021.
BY ADVS.
REJI GEORGE
SHRI.NASEER MOIDU
SRI.BINOY DAVIS
SRI.RAMU RAJENDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR

ERNAKULAM, CIVIL STATION, KAKKANAD P.O., PIN- 682
021.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, 1ST FLOOR, K.B.JACOB
ROAD, FORT KOCHI, PIN-682 001.
3 THE ADDITIONAL TAHSILDAR
KANAYANNUR TALUK OFFICE, ERNAKULAM PIN- 682 011.
4 THE LOCAL LEVEL MONITORING COMMITTEE
THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS
CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,

THRIKKAKARA P.O., PIN- 682 021.
5 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM PIN- 695 001.
BY SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER FOR

RESPONDENTS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 22.10.2021, ALONG WITH WP(C).3797/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

PRESENT
&
WP(C) NO. 15069 OF 2020
PETITIONERS:
1 MATHEW
AGED 41 YEARS
S/O. SKARIYA, RESIDING AT KOLATHAMKUNNEL HOUSE,
PONNUKKARA P.O., THRISSUR DISTRICT, PIN-680 306.
2 SINJU MATHEW
AGED 31 YEARS
W/O. MATHEW, RESIDING AT KOLATHAMKUNNEL HOUSE,
PONNUKKARA P.O., THRISSUR DISTRICT, PIN-680 306.
BY ADVS.
T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 THRISSUR CORPORATION
REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
THRISSUR-680 001.
3 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, THRISSUR-
680 001.
BY ADVS
SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER FOR R1 &
R3
SRI.SANTHOSH P.PODUVAL, STANDING COUNSEL FOR R2

ON 22.10.2021, ALONG WITH WP(C).3797/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PRESENT
&
WP(C) NO. 22598 OF 2020
PETITIONER:
RAJESH M.K.
AGED 45 YEARS
S/O BALAKRISHNAKURUP, RAJ NIVAS, KOLATHARA
P.O.,CHERUVANNUR VILLAGE, KOZHIKODE DISTRICT.
BY ADV P.M.ZIRAJ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER (R.D.O)
KOZHIKODE,KOZHIKODE DISTRICT, PIN-673 020.
2 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT, PIN-673 020.
3 THE LOCAL LEVEL MONITORING COMMITTEE,
KOZHIKODE , REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN, KOZHIKODE
MUNICIPAL CORPORATION, KOZHIKODE DISTRICT, PIN-673
032.
4 THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
KOZHIKODE DISTRICT, REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO), KOZHIKODE,
KOZHIKODE DISTRICT, PIN-673 020.
5 THE VILLAGE OFFICER,
CHERUVANNUR VILLAGE, KOZHIKODE DISTRICT , PIN-673
655.
6 THE THAHASILDAR,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673 655.
7 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.

RESPONDENTS


PRESENT
&
WP(C) NO. 22786 OF 2020
PETITIONER:
ASOK KUMAR
AGED 62 YEARS
S/O.KRISHNAN, ARUNANJALI HOUSE, U.C.COLLEGE P.O.,
EAST KADUNGALLUR, ALUVA TALUK, ERNAKULAM-683102.
BY ADVS.
BLOSSOM MATHEW
SRI.THOMAS JOHN AMBOOKEN
SRI.B.SAJEEV KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM-
682030.
3 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, REVENUE DIVISION OFFICE, FORT KOCHI,
KOCHI-682001.
4 THE TAHSILDAR (L.R.), PARAVUR TALUK,
FIRST FLOOR, POLICE STATION RD, ABOVE SUB REGISTRAR
OFFICE, NORTH PARAVUR, KERALA-683513.

5 THE VILLAGE OFFICER,
ALANGAD VILLAGE OFFICE, THIRUVALLOOR, ERNAKULAM-
683511.
RESPONDENTS


PRESENT
&
WP(C) NO. 27812 OF 2020
PETITIONER:
SHAJUDHEEN
AGED 39 YEARS
S/O. ABDUL LATHEEF, THASNI MANZIL, PARAKKALAM,
KUZHALMANNAM-678 702, PALAKKAD DISTRICT.
BY ADV R.HARISHANKAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR, PALAKKAD

CIVIL STATION, PALAKKAD, PIN-678001
2 AGRICULTURE OFFICER,
KRISHI BHAVAN, KUZHALMANNAM, PALAKKAD,PIN-678 702
3 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, PALAKKAD, PIN-678 001

RESPONDENTS

ON 22.10.2021, ALONG WITH WP(C).3797/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

PRESENT
&
WP(C) NO. 6046 OF 2021
PETITIONER:
SUHARA V.A PAKKAI

AGED 61 YEARS
VELLARKODATH HOUSE, CHANGAMPUZHA NAGAR P.O, AMBALAM
ROAD, KOONATHAI, ERNAKUALM DISTRICT, PIN - 682033.
BY ADVS.
R.ROHITH
SRI.SAYED MURTHALA THANGAL
SMT.HARISHMA P.THAMPI
RESPONDENTS:
1 THE THAHASILDAR
PARAVUR TALUK, N.PARAVUR, ERNAKULAM - 683513.
2 THE SECRETARY
ELOOR MUNICIPALITY, ERNAKULAM DISTRICT - 683501,
3 THE AGRICULTURE OFFICER
KRISHIBHAVAN, ELOOR, ERNAKULAM DISTRICT - 683501.
4 LOCAL LEVEL MONITORING COMMITTEE
ELOOR MUNICIPALITY, ERNAKULAM DISTRICT - 683501,
REPRESENTED BY ITS CONVENER.
5 THE VILLAGE OFFICER
ELOOR VILLAGE OFFICE, ERNAKULAM DISTRICT - 683501.

6 THE PRICNIPAL AGRICULTURAL OFFICER
CIVIL STATION BUILDING, KAKKANAD, ERNAKULAM, PIN -
682030.
BY ADV SRI.K.S.ARUN KUMAR FOR R2
SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.10.2021, ALONG WITH WP(C).3797/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
CR
JUDGMENT
SHAJI P.CHALY, J.
Captioned writ petitions are filed challenging the constitutional validity
of section 27A to section 27D of the Kerala Conservation of Paddy land and
Wetland Act, 2008, hereinafter called, “Act, 2008” and the consequential
provisions of the Kerala Conservation of Paddy land and Wetland Rules,
2008, hereinafter called, “Rules, 2008”, and for other related and
consequential reliefs. These writ petitions were posted before the Division
Bench tagged along with writ petitions seeking similar reliefs already
referred to the Division Bench for authoritative consideration, in accordance
with the provisions of the Kerala High Court Act, 1958 and the Rules
thereto.
2. In fact hundreds and hundreds of writ petitions filed by owners of
unnotified paddy lands, challenging the constitutional validity of aforesaid
provisions, are pending before this Court. It is important to note that the
Act, 2008 was amended and introduced various provisions so as to tackle
various situations including the aspect of the reclamation and conversion of
the paddy lands which are not included in the data bank prepared as per the
provisions of the Act, 2008. Sections 27A to 27D were introduced on and
w.e.f. 30.12.2017 along with the definition of unnotified land as per section
2(XVIIA), and incorporating other amendments. Section 27A was introduced
into the statute in order to enable the owner of any unnotified land who
desires to utilise such land for residential or commercial or other purposes,
to apply to the Revenue Divisional Officer for permission, in such manner as
may be prescribed. Unnotified land is defined to mean, “the land within the
area of jurisdiction of the committee which have been included as paddy
land or wetland in the Basic Tax Register maintained in Village Offices, but
are not notified by the land or wetland under sub-section (4) of Section 5 or
where data bank has not been published under the provisions of clause (i)
of sub-section (4) of Section 5, the lands which have already been filled up
on the date of commencement of this Act and are not paddy land according
to the report of the Kerala State Remote Sensing Centre and the Local Level
Monitoring Committee or where the report of the Kerala State Remote
Sensing Centre is not available, lands which are not paddy land according to
the report of the Local Level Monitoring Committee”. Prior to the
aforementioned amendments, such aspects were dealt with under the
provisions of the Land Utilisation Order 1967, a State legislation prepared by

virtue of the powers conferred by the Essential Commodities Act 1955, a
Central enactment. We are informed that some public interest writ petitions
are also pending challenging the Constitutionality of the very same
provisions on the ground that the State was not right in introducing such
amendments relaxing the imperative conditions of the act quite contrary to
the legislative intentions and purpose of the act .
3. It is only for the purpose of understanding the issues raised in the
writ petition and in view of the order proposed to be passed by us, the
above aspects are dealt with. In fact, we intend to dispose of these writ
petitions leaving open the challenge made to the constitutionality of the
provisions, because, consequent to the amendment made to the Schedule
constituted as per rule 12(9) of the Rules, 2008, there is no requirement for
payment of fees / charges for conversion up to and inclusive of 25 cents of
Paddy land, on and with effect from 25.02.2021. .
4. Rule 12(9) of the Rules, 2008 prescribes that if permission is
granted to utilise any unnotified paddy field for other purposes in
contemplation of Section 27A, the State Government is vested with powers
to impose fees/charges in accordance with the Schedule of Rules, 2008. As
per the amended schedule, reclamation of any paddy land up to 25 cents is

not liable to be imposed with any fee w.e.f. 25.02.2021. However, the
properties exceeding 25 cents and up to 1 Acre are liable to be imposed with
10% of the fair value , and the properties exceeding 1 acre are liable to be
imposed with 20% of the fair value. The captioned writ petitions are all
claiming to be 25 cents and below, except the property in W.P.(C)
No.22786/2020, the extent of which is 25.002 cents, and therefore we
thought it fit to be considered along with this batch treating it as 25 cents,
the limit exceeded being only a minuscule fraction of a cent of the property .
5. Suffice to say, the majority of the similar writ petitions pending
before the writ court and some referred matters pending before the Division
Bench, are exceeding 25 cents of paddy land. In view of the amendment to
the Schedule as stated above exempting payment up to 25 cents, these writ
petitions could be closed, leaving open the liberty of the petitioners in the
other writ petitions pending, to address arguments on the constitutionality
of the provisions in question. But the learned senior Government Pleader
submitted that in view of the circular issued by the State Government dated
23.07.2021, only the applications submitted after the said cut off date of
25.02. 2021 can alone be considered under the exempted category, which
was opposed by the counsel for the writ petitioners and therefore we are
constrained to address the issue raised on the basis of the circular in
question .
6. We have heard learned counsel appearing for the writ petitioners
and learned Special Government Pleader Sri.S.Renjith and perused the
pleadings and materials on record.
7. The sole contention advanced by the learned Senior Government
Pleader is that in view of the Circular dated 23.7.2021 issued by the State
Government and circulated among the Revenue Officials, only the
applications submitted after 25.2.2021 alone need be given the benefit of
the amendment of the Schedule by granting exemption upto 25 cents .
8. In view of the said contention, the question crops up for
consideration is, what is the scope of the Circular in legal parlance, and
whether it amounts to an interpretation of the provisions of the Rules, 2008
and the Schedule thereto ? It is by virtue of the powers conferred under the
provisions of Section 27A(3), r/w Rule 12 (9) of the Rules 2008, fee/charge
can be imposed by the Government and it was accordingly that the Schedule
was introduced, and the consequential amendment was made to the
Schedule. It is clearly specified therein that up to an extent of 25 cents an
owner of a paddy land need not pay any fee/charge for reclaiming the land
for other purposes other than paddy cultivation. The issue in respect of the
binding nature of a circular is no more res integra in view of several
authoritative pronouncements of the apex court .
9. In Bengal Iron Corporation and another v. Commercial Tax
Officer and others [1994 Supp.(1) SCC 310], it was held that an
interpretation contained in administrative instructions in circulars are not
binding on courts and it was held as follows:
“18. So far as clarifications/circulars issued by the Central Government

and/or State Government are concerned, they represent merely their
understanding of the statutory provisions. They are not binding upon the
courts. It is true that those clarifications and circulars were communicated to
the concerned dealers but even so nothing prevents the State from recovering
the tax, if in truth such tax was leviable according to law. There can be no
estoppel against the statute. The understanding of the Government, whether in
favour or against the assessee, is nothing more than its understanding and
opinion. It is doubtful whether such clarifications and circulars bind the
quasi-judicial functioning of the authorities under the Act. While acting in
quasi-judicial capacity, they are bound by law and not by any administrative
instructions, opinions, clarifications or circulars. Law is what is declared by
this Court and the High Court — to wit, it is for this Court and the High Court
to declare what does a particular provision of statute say, and not for the
executive. Of course, the Parliament/Legislature never speaks or explains
what does a provision enacted by it mean. (See Sanjeev Coke Mfg.
Co. v. Bharat Coking Coal Ltd. [(1983) 1 SCC 147 : AIR 1983 SC 239] )
10. In Commissioner of Income Tax v. Hero Cycles Pvt. Ltd.
[1997(2) KLT Online 1129 (SC)] again the Apex Court considered the
relevance and effect of a circular in the realm of Income Tax Laws and held
that it is well settled that circulars can bind the Income Tax Officers but will
not bind the appellate authority or the Tribunal or Court or even the
assessee.
11. In Commissioner of Central Excise, Bolpur v. Ratan Melting &
Wire Industries [(2008) 13 SCC], a five member Constitution Bench had
occasion to consider the binding effect of the circulars issued by the State
and Central Governments vis-a-vis the Judgments of the Constitutional
Courts and held that circulars and instructions issued by the Board are no
doubt binding law on the authorities under the respective statutes but when
the Supreme Court or the High Court declares the law on the question
arising for consideration, it would not be appropriate for the court to direct
that the circular should be given effect to and not the view expressed in a
decision of the Supreme Court or the High Court. It was also held therein
that so far as the clarifications/circulars issued by the Central Government
and the State Governments are concerned, they represent merely their
understanding of the statutory provisions and they are not binding upon the
court and therefore, it is for the court to declare what is the particular
provision of the statute says and it is not for the executive. Accordingly, it
was concluded that the circular, which is contrary to the statutory
provisions, has really no existence in law. Same was the principle of law laid
down by the Apex Court in Commissioner of Central Excise, Nagpur v.
Gurukripa Resins Private Limited [(2011) 13 SCC 180], considered in
the realm of Central Excise Act, 1944.
12. In Madras Bar Association v. Union of India [2021(4)KLT
Online 1019(SC)], the Apex Court had occasion to consider the separation of
powers between three organs – legislature, executive and judiciary, and the
independence of the judiciary and held that no provision shall be made in
legislative enactments, which would have the tendency of making inroads
into the judicial sphere. This judgment assumes significance in the instant
case, for the basic reason that, the circular in our view, transgressed into
the arena of interpretation of the rules 2008, which is the absolute
prerogative of a court of law. Paragraphs 22 to 27 are relevant to the
context and they read thus:
22. The doctrine of separation of powers informs the Indian

constitutional structure and is an essential constituent of rule of
law. In other words, the doctrine of separation of powers, though
not expressly engrafted in the Constitution, its sweep, operation

and visibility are apparent from the scheme of the Indian
Constitution. The Constitution has made demarcation, without
drawing formal lines between the three organs— legislature,
executive and judiciary. Separation of powers between three
organs—the legislature, executive and judiciary—is also nothing
but a consequence of principles of equality enshrined in Article 14
of the Constitution of India. Accordingly, breach of separation of
judicial power may amount to negation of equality under Article
14. Stated thus, a legislation can be invalidated on the basis of
breach of the separation of powers since such breach is negation
of equality under Article 14 of the Constitution. (State of Tamil
Nadu v. State of Kerala & Anr. 2014 (2) KLT 603 (SC) = (2014)
12 SCC 696) Equality, rule of law, judicial review and separation
of powers form parts of the basic structure of the Constitution.
Each of these concepts are intimately connected. There can be no
rule of law, if there is no equality before the law. These would be
meaningless if the violation was not subject to the judicial review.
All these would be redundant if the legislative, executive and
judicial powers are vested in one organ. Therefore, the duty to
decide whether the limits have been transgressed has been
placed on the judiciary. (I.R. Coelho v. State of T.N., 2007 (1)
KLT 623 (SC) = (2007) 2 SCC 1) Though, there is no rigid
separation of governmental powers between the executive,
legislative and judiciary, it is clear from the above judicial
pronouncements and literature that separation of powers forms
part of the basic structure of the Constitution. Violation of
separation of powers would result in infringement of Article 14 of
the Constitution. A legislation can be declared as unconstitutional
if it is in violation of the principle of separation of powers.
Independence of the Judiciary
23. Alexander Hamilton wrote in The Federalist No.78 as follows:
“The complete independence of the courts of justice is peculiarly

essential in a limited Constitution. By a limited Constitution, I
understand one which contains certain specified exceptions to
the legislative authority; such, for instance, that it shall pass no
bills of attainder, no ex post facto laws, and the like. Limitations

of this kind can be preserved in practice in no other way than
through the medium of courts of justice, whose duty it must be
to declare all acts contrary to the manifest tenor of the
Constitution void. Without this, all the reservations of particular
rights or privileges would amount to nothing. ”
24. Basic Principles on the Independence of the Judiciary were

adopted by the 7th United Nations Congress on the Prevention of
Crime and the Treatment of Offenders held at Milan from
26.08.1985 to 06.09.1985 and endorsed by the General Assembly
resolutions on 29.11.1985 and 13.12.1985. The relevant basic
principles are that the independence of the judiciary shall be
guaranteed by the State and enshrined in the Constitution or the
law of the country. It is the duty of the governmental and other
institutions to respect and observe the independence of the
judiciary. The term of office of Judges, their independence,
security, adequate renumeration, conditions of service, pensions
and the age of retirement shall be adequately secured by law.
The United Nations Economic and Social Council authorized the
UN Sub-Commission on Prevention of Discrimination and
Protection of Minorities to request Dr. L.M. Singhvi to prepare a
report on the independence and impartiality of judiciary. He
submitted a draft declaration on the independence and
impartiality of the judiciary, jurors, assessors and the
independence of lawyers, which came to be known as the Singhvi
Declaration. The United Nations Commission on Human Rights
invited governments to take the Singhvi Declaration into account
in implementing the Basic Principles on the Independence of the
Judiciary. The Bangalore Principles on Judicial Conduct, the
product of several meetings and deliberations of Chief Justices
and Judges of both common law and civil law systems and
adopted by the United Nations Commission on Human Rights on
29.04.2003, identified core values of the judiciary, one of which
is independence. The measures adopted by the Judicial Integrity
Group at its meeting held in Lusaka, Zambia on 21st and 22nd

January, 2010 for effective implementation of the Bangalore
Principles of Judicial Conduct referred to the responsibilities of
States to ensure guarantees, through constitutional or other
means, on judicial independence. One of the guarantees required
to be provided by the State to maintain judicial independence is
that the legislative or executive powers that may affect Judges in
respect of their office, their renumeration, conditions of service
or other resources, shall not be used with the object or
consequence of threatening or bringing pressure upon a
particular Judge or Judges.
25. In his address dated 24.05.1949, Dr. B.R. Ambedkar stated

that: -
“There can be no difference of opinion in the House that our

judiciary must be both independent of the executive and must
also be competent in itself. And the question is how these two
objects can be secured”.
26. Article 50 of the Constitution of India provides that the State

shall take steps to separate the judiciary from the executive in the
public services of the State. The concept of separation of judiciary
from executive cannot be confined only to the subordinate
judiciary, totally discarding the higher judiciary. If such a narrow
and pedantic or syllogistic approach is made and a constricted
construction is given, it would lead to an anomalous position that
the Constitution does not emphasise the separation of higher
judiciary from the executive (Supreme Court Advocates-on-Record
Association & Ors. v. Union of India, 1993 (2) KLT OnLine 1103
(SC) = (1993) 4 SCC 441). Article 50, occurring in a chapter
described by Granville Austin as “the conscience of the
Constitution” in his work titled ‘The Indian Constitution:
Cornerstone of a Nation’, underlines the importance given by the
Constitutionmakers to immunize the judiciary from any form of
executive control or interference. (Union of India v. Sankalchand

Himatlal Sheth & Anr., 1977 KLT OnLine 1166 (SC) = (1977) 4
SCC 193)
27. The independence of the judiciary is a fighting faith of our
Constitution. It is the cardinal principle of the Constitution that an
independent judiciary is the most essential characteristic of a free
society like ours and the judiciary which is to act as a bastion of
the rights and freedom of the people is given certain
constitutional guarantees to safeguard the independence of
judiciary. An independent and efficient judicial system has been
recognised as a part of the basic structure of our Constitution.
(Supreme Court Advocates-on-Record Association & Ors. v. Union
of India (supra))
13. Taking into account the well settled proposition discussed above,
we have no hesitation to hold that the Circular issued by the State
Government dated 23.7.2021, fixing the cut off date of 25.2.2021 is not
binding on this Court. However, learned Senior Government Pleader has
addressed an argument that the cut off date fixed is a reasonable
classification made but we are unable to agree with the said contention for
the reason that, even an application filed prior to the cut off date of
25.2.2021 and subsequent to the said cut off date would be considered by
the statutory authority even at a later point of time and in that process two
different set of orders would be passed on similar or rather typical matters.
When the issue is considered from that angle, according to us, there is no
object sought to be achieved by making such a cut off date. When the State
Government intended to classify and exclude farmers holding up to 25 cents
of unnotified paddy land from the payment of fee/charge for reclamation
and utilisation of the same for other purposes other than paddy cultivation,
such farmers constitute a class by themselves thus precluding the State
from further re-classifying the homogeneous class of the same nature
merely because the applications are submitted on different dates, which
according to us would be nothing but an unreasonable and arbitrary
classification, violative of Article 14 of the Constitution of India. At this
juncture we are reminded of the basic principles enunciated by the
honourable apex court in the context of Article 14 of the Constitution of
India that, all persons and things similarly circumstanced shall be treated
alike both in privileges conferred and liabilities imposed, and equality before
the law means amongst the equals the law should be equal and should be
equally administered, and that the like should be treated alike. It is also well
settled in law that a classification to be valid must be reasonable and must
rest upon some real and substantial distinction bearing reasonable and just
relation to the needs in respect of which the classification is made i.e., the
classification must be founded on an intelligible differentia which

distinguishes persons or things that are grouped together from others left
out of the group; and the differentia must have a rational relation to the
object sought to be achieved by the statute in question. Which thus means,
in the instant case there is no object sought to be achieved by
differentiating the class of owners of land upto 25 cents on the basis of the
date of the application submitted by them before the very same statutory
authority. If such an interpretation is made to the Rules, the purpose sought
to be achieved by the State Government by granting exemption from
payment of fee to the owners of the paddy field up to 25 cents would be
lost, or rather defeat the said purpose. Therefore, in our considered opinion,
the action of the State Government making an interpretation to the already
constituted rules by issuing a circular directing the officers of the State to
discharge their functions in a particular manner can never be sustained,
being violative of all canons of law and beyond the comprehension of the
Constitutional mandates. As we have pointed out above, interpretation of
the laws is the exclusive domain and sphere of the courts which can never
be tinkered by the legislature and the executive, by virtue of the principles
of separation of powers envisioned by the framers of the Constitution, to be
followed scrupulously by all in order to sustain the basic tenets and

characteristic spirit of the democratic ethos manifested by the Constitution
of India. That is to say, even though the legislature makes the law, the
courts alone are vested with powers to interpret, administer and decide the
exactitude of the laws, and definitely not the legislature and the executive .
14. Taking into account the aforesaid legal and factual circumstances,
we have no hesitation to hold that the circular dated 23.7.2021 is also an
unconstitutional one for the fundamental reason that, it is an inroad into the
powers exercised by this Court on the principles of separation of powers,
and further that, by introducing the circular, the State Government has
attempted to interpret the Schedule to the Rules, which by itself is a rule,
and for that matter the entire contents of the circular insofar as it is violative
of the provisions of the Act 2008 and the Rules 2008 is impermissible in law.
15. Therefore, the writ petitions are disposed of directing the
appropriate statutory authorities to consider the applications submitted by
the petitioners irrespective of the cut off date fixed in the Circular dated
23.7.2021 for payment of fee, however, in accordance with the provisions of
the Act, 2008 and the Rules, 2008, at the earliest possible and at any rate
within two months from the date of receipt of a copy of this judgment. But
we make it clear that the questions raised in the writ petitions in regard to
the constitutional validity of Sections 27A to 27D and the consequential
rules thereto are left open to be considered in the pending writ petitions.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
SHAJI P. CHALY,
smv JUDGE.
APPENDIX OF WP(C) 3797/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.1846/15-A DATED 1.8.2015 ISSUED TO THE
PETITIONER AND HER SISTERS BY THE 4TH
RESPONDENT IN RESPECT OF AN EXTENT OF
01.55 ARES.
EXHIBIT P1 (a) TRUE COPY OF THE POSSESSION CERTIFICATE
0.93 ARES.
EXHIBIT P1 (b) TRUE COPY OF THE POSSESSION CERTIFICATE
0.92 ARES.
EXHIBIT P1 (c) TRUE COPY OF THE POSSESSION CERTIFICATE
0.51 ARES.
EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
30.5.2019.
EXHIBIT P2 (a) TRUE COPY OF THE BASIC TAX RECEIPT DATED
30.5.2019.
EXHIBIT P2 (b) TRUE COPY OF THE BASIC TAX RECEIPT DATED
30.5.2019.
EXHIBIT P2 (c) TRUE COPY OF THE BASIC TAX RECEIPT DATED
30.5.2019.
EXHIBIT P3 TRUE COPY OF THE THANDAPER REGISTER
NO.269/19 DATED 20.6.2019 OF THE

PROPERTIES OF THE PETITIONER.
EXHIBIT P3 (a) TRUE COPY OF THE THANDAPER REGISTER
NO.269/19 DATED 20.6.2019 OF THE
EXHIBIT P3 (b) TRUE COPY OF THE THANDAPER REGISTER
NO.272/19 DATED 20.6.2019 OF THE
EXHIBIT P3 (c) TRUE COPY OF THE THANDAPER REGISTER
NO.271/19 DATED 20.6.2019 OF THE
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
17.8.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT WITH
ACKNOWLEDGMENT DUE ALONG WITH POSTAL
RECEIPT DATED 20.8.2019.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WRIT
PETITION 24179/2019 DATED 4.9.2019.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE
REVENUE DIVISIONAL OFFICER 2ND RESPONDENT
DATED 19.12.2019.
EXHIBIT P7 TRUE COPY OF THE COMMISSION REPORT DATED
28.9.2006 FILED IN OS NO.588/88.
EXHIBIT P8 TRUE COPY OF THE
GO(Rt)1166/2021/REV.D.DATED 25.2.2021

PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO.945/09 DATED
22/6/09 OF THRIKKAKARA SUB REGISTRY.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA-
BANK ISSUED BY THE REVENUE AUTHORITIES.
EXHIBIT P3 TRUE COPY OF THE THANDAPPER ACCOUNT
NO.17566 ISSUED BY THE VILLAGE OFFICER,
VAZHAKKALA VILLAGE.
EXHIBIT P4 TRUE COPY OF THE BASIC TAX NO.7446445 DATED
16/4/18 ISSUED BY THE VILLAGE OFFICER,
VAZHAKKALA VILLAGE.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
17/10/15 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.H3-20616/15
DATED 20/10/2015 ISSUED BY THE 3RD
RESPONDENT TO THE SECRETARY, THRIKKAKARA
MUNICIPALITY.
EXHIBIT P7 TRUE COPY OF THE LETTER NOH3-20518/15 DATED
20/10/15 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 17/11/17
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 27/4/18
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER NO.L10-185660/18
DATED 25/5/18 SENT BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT.
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THRISSUR VILLAGE OFFICE TO THE
PETITIONERS DATED 19.3.2020.
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS DATED
1.2.2020.
EXHIBIT P3 TRUE COPY OF FEW PHOTOGRAPHS WHICH SHOW
THE FACTUAL SITUATION DATED NIL.
EXHIBIT P4 TRUE COPY OF THE INFORMATION OBTAINED
FROM THE OFFICE OF THE 2ND RESPONDENT,
DATED 5.1.2019.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT DATED NIL.
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN
CONNECTION WITH THE PROPERTY OF
PETITIONER DATED 23.5.208 ISSUED BY THE
FIRTH RESPONDENT
EXHIBIT P2 TRUE COPY OF THE AGE CERTIFICATE OF
BUILDING ISSUED BY THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION DATED
2.11.2019
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT OF BUILDING
DATED 5.6.2017 ISSUED BY THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION
EXHIBIT P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 5.6.2017 ISSUED BY THE SECRETARY,
KOZHIKODE MUNICIPAL CORPORATION
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK IN CONNECTION WITH THE PROPERTY OF
PETITIONER
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED
16.12.2019 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT BEFORE THE
FIRST RESPONDENT THROUGH REGISTERED POST
EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 16.12.2019
REGARDING PROOF OF SERVICE OF EXHIBIT P6
APPLICATION
EXHIBIT P1 TRUE COPY OF SALE DEED NO.4088/2012 OF
ALANGADU SUB REGISTRAR OFFICE.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED
6.11.2012 ISSUED BY 5TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF APPLICATION DATED 29.7.2020
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF LAND TAX RECEIPT DATED
16.10.2020 ISSUED BY THE 5TH RESPONDENT
PERTAINING TO PETITIONER'S PROPERTY.
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 998/2015 OF
KUZHALMANNAM SRO DATED 21.04.2015.
EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE BY
VILLAGE OFFICER, KUZHALMANNAM 1 VILLAGE
DATED 04.05.2019.
EXHIBIT P3 TRUE COPY OF BASIC TAX RECEIPT DATED
02.05.2019.
EXHIBIT P4 TRUE COPY OF CERTIFICATE DATED 06.02.2018
ISSUED BY VILLAGE OFFICER, KUZHALMANNAM 1
VILLAGE.
EXHIBIT P5 TRUE COPY OF COMMUNICATION DATED
02.03.2016 ISSUED BY 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.05.2018
OF THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER DATED 16.01.2020
ISSUED BY 3RD RESPONDENT.
EXHIBIT P8 PHOTOGRAPHS OF PROPERTY OF PETITIONER.
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.4350/2015
IN FAVOUR OF THE PETITIONER DATED
14.12.2015.
EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED
16.07.2019 ISSUED BY 5TH RESPONDENT IN
FAVOUR OF THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE LOCATION PLAN
CERTIFICATE DATED 06.05.2017 ISSUED BY
THE 5TH RESPONDENT IN FAVOUR OF THE
PETITIONER.
EXHIBIT P4 A TRUE COPY OF POSSESSION CERTIFICATE
DATED 21.07.2019 ISSUED BY THE 5TH
RESPONDENT IN FAVOUR OF THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED
27.07.2016 PREFERRED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE DATED
09.05.2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED
06.10.2020, T.A(1) 6104/19 BY 6TH
RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE REPORT DATED
05.11.2020 BY THE 3RD RESPONDENT
SUBMITTED BEFORE THE 6TH RESPONDENT.

Paddy Land Circular Setaside Judgment 403694

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

IN THE HIGH COURT OF KERALA AT ERNAKULAM

1 THE DISTRICT COLLECTOR

CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,

BY SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER FOR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

BY SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER FOR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OFFICE, NORTH PARAVUR, KERALA-683513.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

1 THE DISTRICT COLLECTOR, PALAKKAD

BY SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER FOR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

SUHARA V.A PAKKAI

ELOOR VILLAGE OFFICE, ERNAKULAM DISTRICT - 683501.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

Captioned writ petitions are filed challenging the constitutional validity

provisions of the Kerala Conservation of Paddy land and Wetland Rules,

referred to the Division Bench for authoritative consideration, in accordance

2. In fact hundreds and hundreds of writ petitions filed by owners of

unnotified paddy lands, challenging the constitutional validity of aforesaid

Act, 2008 was amended and introduced various provisions so as to tackle

various situations including the aspect of the reclamation and conversion of

2(XVIIA), and incorporating other amendments. Section 27A was introduced

desires to utilise such land for residential or commercial or other purposes,

to apply to the Revenue Divisional Officer for permission, in such manner as

area of jurisdiction of the committee which have been included as paddy

Monitoring Committee or where the report of the Kerala State Remote

the report of the Local Level Monitoring Committee”. Prior to the

aforementioned amendments, such aspects were dealt with under the

provisions of the Land Utilisation Order 1967, a State legislation prepared by

virtue of the powers conferred by the Essential Commodities Act 1955, a

are also pending challenging the Constitutionality of the very same

amendments relaxing the imperative conditions of the act quite contrary to

the legislative intentions and purpose of the act .

3. It is only for the purpose of understanding the issues raised in the

petitions leaving open the challenge made to the constitutionality of the

provisions, because, consequent to the amendment made to the Schedule

payment of fees / charges for conversion up to and inclusive of 25 cents of

Paddy land, on and with effect from 25.02.2021. .

4. Rule 12(9) of the Rules, 2008 prescribes that if permission is

granted to utilise any unnotified paddy field for other purposes in

contemplation of Section 27A, the State Government is vested with powers

to impose fees/charges in accordance with the Schedule of Rules, 2008. As

per the amended schedule, reclamation of any paddy land up to 25 cents is

properties exceeding 25 cents and up to 1 Acre are liable to be imposed with

claiming to be 25 cents and below, except the property in W.P.(C)

No.22786/2020, the extent of which is 25.002 cents, and therefore we

thought it fit to be considered along with this batch treating it as 25 cents,

5. Suffice to say, the majority of the similar writ petitions pending

Bench, are exceeding 25 cents of paddy land. In view of the amendment to

the Schedule as stated above exempting payment up to 25 cents, these writ