Land Used For Cardamom Plantation Can't Be Changed Without Collector's Permission, NOC Mandatory For Any Construction: Kerala High Court

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that land utilized for cardamom cultivation under the Kerala Land Utilisation Order (KLUO) 1967 shall not be used for cultivation of any food crop or any other purpose except under the written permission given by the Collector.

“…we are of the view that cardamom plantation will have to be retained as cardamom plantation. Any violation would entail in resumption of the land by the Government. However, nothing prevents the District Collector from permitting the construction of any building which may be required for maintaining the cardamom plantation”, stated the Court.

The petitioner is a plantation that owns cardamom land in Devikulum in Idukki district and the property also contains a small building. They intend to construct a residential building on the property. The Tahsildar rejected the permission to construct the building on the cardamom land. Against the order of the Tahsildar, the petitioner has preferred the writ petition.

The Court stated that rigour had been imposed through KLUO. It stated that Clause 2b of KLUO defines the term 'food crop' that includes cardamom. Clause 6 of KLUO states that land cultivated with 'food crop' shall not be converted, attempted to convert or utilized for the cultivation of any food crop or any other purpose except with the written permission of the Collector.

The Court referred to the Division Bench decision in Raphy John and Other v. Land Revenue Commissioner (2022) wherein it was held that land given for a specific purpose could not be utilised for any other purpose defeating the objectives of patta. It said, “The land given for cultivation of cardamom under the Cardamom Rules can only be utilised for the purpose of cultivating cardamom. The rigour of Clause 6 of KLUO also would apply in respect of utilisation of land.”

The Court thus disposed of the writ petition with a direction to the District Collector to reconsider the request for a No Objection Certificate to construct the building.

Counsel for Petitioner: Advocates K I Mayankutty Mather, T K Sreekala, Athira Prasad

Counsel for Respondents: Advocate Joice George, Senior Government Pleader Jaffer Khan

Citation: 2024 LiveLaw (Ker) 214

Case title: Aynikkal Plantations Pvt. Ltd v State of Kerala

Case number: WP (C)No. 6593 of 2024

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