Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 27TH DAY OF APRIL 2023 / 7TH VAISAKHA, 1945 WP(C) NO. 21560 OF 2018 PETITIONER: SUBASH JOHN AGED 51 YEARS S/O P.P.JOHN, POONTHOTTAM HOUSE, ELANJI P.O.,ELANJI VILLAGE, ERNAKULAM-686665. BY ADVS. SRI.ROY CHACKO SRI.K.C.VINCENT RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, 686559. 3 THE VILLAGE OFFICER VILLAGE OFFICE, KOOTHATTUKULAM - 686152. 4 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY THE AGRICULTURAL OFFICER,KRISHI BHAVAN, KOOTHATTUKULAM - 686152. SR.GP- ASWIN SETHUMADHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.21560 of 2018 2 VIJU ABRAHAM,J ----------------------- W.P.(C).No.21560 of 2018 ------------------------------------- Dated this the 27th day of April, 2023
JUDGMENT
Petitioner has approached this Court challenging Exts.P6 and P7. The case of the petitioner is that he is in possession of 8.90 ares of properties comprised in survey No.563/14/2 of Koothattukulam Village in Muvattupuzha Taluk and property having an extent of 2.83 ares comprised in survey No.563/14/1.
2. Petitioner submits that at present the lands are having tree growth aged about 12 years and considering the above fact, land having an extent of 8.90 ares comprised in survey No.563/14/2 is not included in the data bank prepared as per the Kerala Conservation of Paddy Land and Wetland Act
2008. As regard the land comprised in survey No.563/14/1 having an extent of 2.83 ares, the same
has been included in Ext.P2 data bank. Thereupon, W.P.(C).No.21560 of 2018 3 petitioner filed Ext.P3 application for removing
the property having an extent of 2.83 ares from the data bank and also Ext.P4 application under KLU
order in respect of the land having an extent of
8.90 ares, which is not included in the data bank.
For expeditious consideration of both the applications the petitioner has approached this Court filing WP(C) No.28027/2017 and this Court disposed the said writ petition as per Ext.P5 judgment dated 24.8.2017. The relevant portion of the said judgment in paragraphs 3 and 4 are
extracted below:
“3. Since there are two separate extents categorized as paddy lands one of which is not included in the data bank the following procedure shall be adopted. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the properties, obtained from the concerned Village Officer. The Agricultural Officer, who is the Convener of the LLMC, shall require the LLMC
W.P.(C).No.21560 of 2018 4
to conduct inspection of the property, and prepare a report as to the lie and nature of the property as of now and on the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, and specify whether it is included in the draft/notified data bank and if so, the manner in which the property is described in the draft/notified data bank and submit it before the RDO.
4. With respect of 8.90 ares of property
in Survey No.563/14/2, the LLMC shall file a report before the RDO as to the lie and nature and if included in the data bank, the description of the property in the data bank. The RDO shall then consider the application at Ext.P4 in accordance with the declaration in Shivadasan v. Revenue Divisional Officer - 2017 (3) KLT 822. The petitioner if succeeds in the claim for deletion of 2.83 ares comprised in Survey No.563/14/1 from the data bank, shall be entitled to file a further application under Clause(6) for the said land.”
3. A decision was taken by the LLMC, based on Ext.P7 report, not to remove the property having an extent of 2.83 ares from the data bank and also to include 8.90 ares of property in the data bank.
Subsequently, by Ext.P6 the Agricultural Officer W.P.(C).No.21560 of 2018 5 forwarded the decision of the LLMC to the RDO,
wherein they have decided not to exclude 2.83 from the data bank and also observed that land having an extent of 8.90 ares is to be included in the data bank. Petitioner submits that in respect of 2.83 ares of land the decision not to remove the said land from the data bank was without following any procedures as contemplated, even without calling for a KSRSEC report. As regard the other extent of land having an extent of 8.90 ares this Court in Ext.P5 have only directed the LLMC to file a report before the RDO as to the lie and nature and if included in the data bank, to furnish the description of the property in the data bank, etc.
4. Heard both sides.
5. The learned Government Pleader upon
instructions submitted that a report has been submitted along with Ext.P6 communication, wherein it is found that the property is in question are liable to be included in the Data Bank.
6. As regard the decision in Ext.P6 in respect
W.P.(C).No.21560 of 2018 6 of 2.83 ares of land, since it has been decided not to remove the said land from the data bank without following any procedures contemplated in the Act and Rules and without calling for a KSRSEC report, the same has to be set aside and remitted back for reconsideration by the LLMC. As regard the other extent of land having an extent of 8.90 ares, petitioner has a specific case that the property is converted prior to 2008 and admittedly in the report submitted it has been stated that there are trees aged more than 5 years standing in the property. Petitioner's specific contention is that in Ext.P5 judgment the Court has only directed the LLMC to file a report before the RDO as to the lie and nature of the land and if it is included in the data bank, the description of the property in the data bank. Therefore, Ext.P6 is set aside to the extent it decided not to exclude 2.83 ares of land comprised in survey No.563/14/1 from the data bank and also the observation by the LLMC to the effect that the property having an extent of 8.90 ares in W.P.(C).No.21560 of 2018 7 Survey No.563/14/2 is liable to be included in the data bank. I am of the opinion that since the property has not been included in the data bank as on date, it is for the RDO to reconsider the KLU
application submitted by the petitioner, in accordance with law. Therefore, above writ petition is disposed of directing the 4th respondent LLMC to reconsider Ext.P3 application in accordance with law after calling for KSRSEC report, at the expense of the petitioner, and take a decision in the matter within a period of two months from the date of
receipt of a copy of this judgment. Petitioner is free to submit his notes of argument before the 4 th
respondent. As regard Ext.P4 application is concerned, the 2nd respondent shall reconsider the matter in accordance with law and in the light of the observation in Ext.P6 report regarding the tree growth and the judgments in Puthan Purakkal Joseph v. Sub Collector (2015 (3) KLT 182) and Geo Peter v. Revenue Divisional Officer (2019 (3) KLT 838).
W.P.(C).No.21560 of 2018 8 The 2nd respondent RDO shall take a decision on Ext.P4 application after affording an opportunity of being heard to the petitioner, within a period of one month from the date of receipt of a copy of this judgment.
With the above said direction, the writ petition is disposed of. sd/- VIJU ABRAHAM, JUDGE pm W.P.(C).No.21560 of 2018 9 APPENDIX OF WP(C) 21560/2018 PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF TAX RECEIPT DT 17.06.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK RELATING TO KOOTHATTUKULAM MUNICIPALITY. EXHIBIT-P3: TRUE COPY OF THE APPLICATION DATED 22.08.2017, BEFORE THE LLMC FOR CORRECTION OF DATA BANK. EXHIBIT-P4: TRUE COPY OF THE APPLICATION DATED 14.07.2017 UNDER CLAUSE 6 OF KLU ORDER, FILED BEFORE 2ND RESPONDENT. EXHIBIT-P5: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.28027 OF 2017 DATED 24.08.2017. EXHIBIT-P6: COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 23.12.2017. EXHIBIT-P7: COPY OF THE MINUTES OF THE LLMC MEETING