IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 3029 OF 2021
PETITIONER
SALIM V.C. AGED 38 YEARS
S/O.ABDUL AZEEZ, ELLATH HOUSE, KARANDODE P.O,
KUTTIYADI, VADAKARA, KOZHIKODE, PIN 673 508
BY ADV K.R.PRATHISH
RESPONDENTS
1 THE DISTRICT COLLECTOR
COLLECTORATE, WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN 673 020
2 REVENUE DIVISIONAL OFFICER (RDO)
CIVIL STATION JUMA MASJID, SH 29, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN 673 020
3 THE TAHSILDAR,
VADAKARA TALUK OFFICE, VADAKARA MINI CIVIL
STATION, COURT ROAD, VATAKARA, PIN 673 101
4 THE VILLAGE OFFICER,
KAYAKKODY VILLAGE OFFICE DEVARKOVIL, KAYAKKODY,
KOZHIKODE, PIN 673 508
5 KAYAKKODY GRAMA PANCHAYAT
THALIYIL P.O, KOZHIKODE DISTRICT, PIN 673 508
REPRESENTED BY ITS SECRETARY
6 THE LOCAL LEVEL MONITORING COMMITTEE
KAYAKKODY GRAMA PANCHAYAT, REPRESENTED BY ITS
CHAIRMAN, AGRICULTURAL OFFICER, KAYAKKODY KRISHI
BHAVAN, THALIYIL P.O, KOZHIKODE DISTRICT PIN 673
508
7 ADDL.R7.NASEER.V.P.
AGED 52 YEARS
S/O.KUNHABDULLA V.P, VALIYAPRAMBOTH HOUSE,
KARANDOD P.O, PIN-673 508
ADDL R7 IS IMPLEADED AS PER ORDER DATED 25-03-
WP(C).3029/2021
2
2021 IN IA /2021 IN WP(C)3029/2021.
8 ADDL.R8 AGRICULTURAL PRODUCTION COMMISSIONER,
AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM.
IMPLEADED AS PER ORDER DATED 29.6.2022.
BY ADVS.
SRI.NIRMAL. S
SRI.RAJAN VISHNURAJ
SRI.V.HARISH
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).3029/2021
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).3029 of 2021
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Dated : 29th June, 2022
JUDGMENT
1. The above writ petition is filed with the following prayers.
(i) Call for the record pertaining to Ext.P9 and quash the same finding that the same is illegal.
(ii) Issue a writ of mandamus or appropriate direction to the 6th respondent to consider the Ext.P7 application of the petitioner by considering the Ext.P8 report and remove the property of the petitioner having an extent of 34.90 Ares in Re.Sy.62/3 of Kayakkody village office, Vatakara thaluk from the data bank.
(iii) Direct the 6th respondent to regularize the construction of the petitioner house situated in Re.Sy.62/3 of Kayakkody village Office, Vatakara thaluk within a time frame fixed by this Honourable Court.
(iv) Direct the respondent Nos.2 and 3 to correct the BTR of the petitioner property having an extent of 34.90 Ares in Re.Sy.62/3 of Kayakkody Village Office, within a time frame framed by this Court.
2. The main challenge is against Ext.P9 order. Admittedly Ext.P9 is an order which can be challenged before the WP(C).3029/2021 4 Government under Section 28 of the Conservation of Paddy Land and Wet Land Act. Petitioner is free to challenge Ext.P9. To facilitate the petitioner to file a Revision, interim order already granted by this Court can be extended till the decision is taken by the Government, if such a revision is filed within a time frame. The second prayer is to consider Ext.P7 which can be considered by the statutory authority within a time frame. Hence the writ petition is disposed of with the following directions.
(i) Petitioner is free to challenge Ext.P9 by filing a Revision within three weeks from the date of receipt of a copy of this judgment.
(ii) If such a revision is filed, additional 8 th respondent, Agricultural Production Commissioner, Agricultural Department, Govt.Secretariat, Thiruvananthapuram, shall consider the same and pass appropriate orders in accordance with law within four months from the date of receipt of Revision.
(iii) If a revision as directed above is filed, all further proceedings pursuant to Ext.P9 will be kept in abeyance WP(C).3029/2021 5 till the disposal of revision.
(iv) The 2nd respondent is directed to consider and pass appropriate orders on Ext.P7 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN, Judge Mrcs WP(C).3029/2021 6 APPENDIX OF WP(C) 3029/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31-03-2010 IN THE NAME OF PETITIONER AND HIS BROTHER SALITH EXHIBIT P2 TRUE PRINOUT OF THE PHOTOGRAPHS SHOWING THE PETITIONER PROPERTY AND HOUSE EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED IN THE NAME OF THE PETITIONER AND HIS BROTHER DATED 05-05-2010 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12-01-2015 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30-11-2017 IN APPEAL NO. 75 OF 2015 OF ;SGT EXHIBIT P6 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE APPLICATION DATED 06-01-2016 EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE LLMC EXHIBIT P8 TRUE COPY OF THE REPORT DATED 27-02-
2020 OF THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE EXHIBIT P9 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 18-2-2020