Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE4H DAY OF MARCH201413TH PHALGUNA, 1935 WP(C).No. 26935 of 2013 (N) ---------------------------- PETITIONER(S): -------------- VIJAYAKUMAR AGED35YEARS S/O.K.UTHAMAN, PANDAVATHUCHIRAYIL, KARUVATTA P.O KARUVATTA VILLAGE, KARTHIKAPALLY TALUK-690 519. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): -------------- 1. THE DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA.
2. THE REVENUE DIVIAIONAL OFFICER CHENGANNUR.
3. THE TAHSILDAR KARTHIKAPALLY TALUK, HARIPPADU.
4. THE VILLAGE OFFICER KUMARAPURAM.
5. THE AGRICULTURAL OFFICER KRISHI BHAVAN, KARUVATTA. SRI.P.K.SOYUZ, SPL.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0403-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC WP(C).No. 26935 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH THE RELEVANT DOCUMENTS. EXHIBIT P2. TRUE COPY OF THE REQUEST DATED2911/2012 MADE BEFORE THE2D RESPONDENT EXHIBIT P3. TRUE COPY OF THE PROCEEDINGS OF THE1T RESPONDENT DATED105/2013. EXHIBIT P4. TRUE COPY OF THE REVIEW PETITION SUBMITTED TO THE1T RESPONDETN TTO REVIEW EXT.P3 ORDER
. EXHIBIT P5. TRUE COPY OF THE ORDER
DATED36/2013 OF THE1T RESPONDENT RESPONDENT(S)' EXHIBITS : NIL RKC TRUE COPY PA TO JUDGE. P.N.RAVINDRAN, J.
------------------------------------ W.P.(C).No.26935 of 2013 ------------------------------------- Dated this the 3rd day of March, 2014 JUDGMENT
The petitioner is the owner of a parcel of land 6.07 ares in extent situate in Re-Survey No.395/1-3 of Kumarapuram Village, Kathikapally Taluk, Alappuzha District. The said property is described as "Nilam" in the revenue records and also in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 which came into force on 12.8.2008. Without getting the permission of the District Level Authorized Committee, the petitioner re-claimed three cents out of the aforesaid parcel of land and constructed a shed therein. A neighboring land owner thereupon submitted Ext.P2 complaint dated 29.11.2012 before the Revenue Divisional Officer, Chengannur. The Revenue Divisional Officer, Chengannur in turn forwarded the complaint to the District Collector, Alappuzha along with his report. The District Collector, Alappuzha conducted a hearing with notice to the petitioner and passed Ext.P3 order dated 10.5.2013 whereby he ordered restoration of the reclaimed land to its original state. The petitioner had even earlier filed Ext.P1 application under rule 5 of the Kerala Conservation of Paddy Land and Wet Land Rules, W.P.(C).No.26935 of 2013 2 2008 before the Convener of the Local Level Monitoring Committee namely the fifth respondent. No orders had however been passed on the said application and it was while the said application was pending that he reclaimed a portion of the land. After Ext.P3 order was passed, the petitioner filed Ext.P4 representation dated 3.6.2013 before the District Collector requesting him to review and cancel Ext.P3 order wherein he had inter-alia stated that it was on account of the oral permission granted by the Village Officer that the land was reclaimed and the shed put up. Though section 13 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 does not confer a power of review on the District Collector, the District Collector entertained that application and issued Ext.P5 proceedings dated 3.6.2013 whereby he directed that implementation of Ext.P3 order shall be kept in abeyance. The instant writ petition was thereafter filed on 1.11.2013 seeking the following relief: i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and dispose of Ext.P4 petition within such time as this Hon'ble Court may deem fit and proper in the interest of justice.
2. When the writ petition came up for hearing today, learned counsel appearing for the petitioner submitted that as the District Collector has no power to review, the writ petition may be disposed of W.P.(C).No.26935 of 2013 3 with a direction to the Convener of the Local Level Monitoring Committee to forward Ext.P1 application to the District Level Authorized Committee along with its recommendations within a time limit to be stipulated by this Court and a direction to the District Level Authorized Committee of which the Revenue Divisional Officer is the Chairman to take an appropriate decision on the application within 30 days from the date of receipt of the report of the Local Level Monitoring Committee. Sri.P.K.Soyuz, learned Special Government Pleader appearing for the respondents did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions:
1. The fifth respondent herein, the Convener of the Local Level Monitoring Committee constituted under section 5 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 shall forward the original of Ext.P1 application and the accompanying papers together with the recommendations of the Local Level Monitoring Committee to the Convener of the District Level Authorized Committee within one month from the date on which the petitioner produces a copy of this judgment before him.
2. The District Level Authorized Committee shall within 30 days from the date of receipt of the papers from the Local Level W.P.(C).No.26935 of 2013 4 Monitoring Committee take an appropriate decision on the petitioner's application and communicate the decision taken on the application to him. In view of the fact that the Kerala Conservation of Paddy Land and Wet Land Act, 2008 permits grant of permission to convert paddy land only to the maximum extent of 10 cents in a Panchayat area, the petitioner's application shall be treated as one for permission to reclaim 10 cents of land and not 6.07 ares of land as stated in Ext.P1. It will be open to the petitioner, if the decision is adverse to him, to challenge it in other appropriate proceedings.
3. The Convener of the District Level Authorized Committee shall after a decision is taken on the petitioner's application communicate a copy thereof to the District Collector as well who shall in the event of the application being granted, issue appropriate orders modifying Ext.P3.
4. The direction issued by the District Collector in Ext.P5 shall continue to operate, until orders are passed as directed above. Sd/- P.N.RAVINDRAN, JUDGE. rkc.