IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21114 OF 2022
PETITIONER:
C.SOMARAJAN
KURITHADIYIL HOUSE, KOMALLOOR MURI,
CHUNAKKARA VILLAGE, MAVELIKKARA TALUK
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
SUNIL CHANDRAN, KALLIYANI NILAYAM, EAST OTHERA,
ERAVIPEROOR, THIRUVALLA - 689 546.
BY ADVS.
T.P.PRADEEP
MINIKUMARY M.V.
P.K.SATHEES KUMAR
R.K.PRASANTH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA, PIN - 688 001.
2 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CHENGANNUR, PIN - 689 121.
3 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER,
KRISHI BHAVAN, KAYAMKULAM,
ALAPPUZHA DIST., PIN - 690 502.
4 THE PRINCIPAL SECRETARY
AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21114 OF 2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner, who has purchased 26.20 Ares, 23.55 Ares, 24.90 Ares and 21.50 Ares of property comprised in Survey Nos.217/25, 217/26, 217/27 and 217/1 respectively in Puthuppally Village, has approached this Court seeking to direct the 4th respondent to dispose of Ext.P3 Revision Petition within a time frame.
2. The petitioner states that the land possessed by the petitioner is not suitable for paddy cultivation. It was converted before the commencement of the Kerala Conservation of Paddy Land and Wetland Act, 2008. There are standing trees more than 25 year old, situated in the land. However, the land was mistakenly entered in the Data Bank by the Local Level Monitoring Committee.
3. The petitioner wanted to develop the land. When the work was going on, the District Collector issued Ext.P2 WP(C) NO. 21114 OF 2022 3 proceedings dated 12.12.2017 alleging that the petitioner is illegally converting paddy land in violation of the provisions contained in the Kerala Conservation of Paddy Land and Wetland Act, 2008 and directed the petitioner to restore the paddy land to its original position within 30 days.
4. The petitioner states that the land in question was not paddy land and the petitioner has filed Ext.P3 Revision Petition invoking the provisions of Section 28 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. If the respondents resort to coercive proceedings before the revisional authority passes orders on Ext.P3, the petitioner will be put to irreparable loss and injury.
5. Government Pleader entered appearance and opposed the writ petition. The Government Pleader denied all the material allegations made by the petitioner in the writ petition. It is, however, submitted that if the petitioner has filed Ext.P3 Revision Petition before the revisional authority, the same being a statutory Revision Petition, it can be considered WP(C) NO. 21114 OF 2022 4 in accordance with law.
In that view of the matter, the writ petition is disposed of directing the 4th respondent to consider Ext.P3 Revision Petition filed by the petitioner under Section 28 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, if the same is received supported by all requisite documents, and to pass appropriate orders thereon, within a period of three months. Pending disposal of the Revision Petition, the parties shall maintain status quo with respect to the property involved in the writ petition. The petitioner will be at liberty to approach the authorities for removal of land from Data Bank, if the application is otherwise permissible.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 21114 OF 2022 5 APPENDIX OF WP(C) 21114/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PUTHUPPALLY.
Exhibit P1A TRUE COPY OF THE PHOTOGRAPHS OF THE LAND.
Exhibit P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12/12/2017.
Exhibit P3 TRUE COPY OF THE REVISION PETITION DATED 15/03/2022 SUBMITTED BEFORE THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 15/03/2022.
RESPONDENT'S/S EXHIBITS : NIL