IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
WP(C) NO. 38023 OF 2023
PETITIONER/S:
MAIDEENKUTTY NAHA
AGED 49 YEARS
S/O ALIYAR, PUTHIKKAPARAMBIL HOUSE, KUTTILANJI,
ERAMALLOOR P O, KOTHAMANGALAM, ERNAKULAM, PIN -
686666
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR ERNAKULAM
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER (RDO)
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA ERNAKULAM
DISTRICT, PIN - 686673
3 THE TAHSILDAR (LR)
MUVATTUPUZHA TALUK OFFICE, FIRST FLOOR, MINI CIVIL
STATION, MUVATTUPUZHA, PIN - 686673
4 THE VILLAGE OFFICER
KALLOORKKAD VILLAGE OFFICE, KALLOORKKAD,
MUVATTUPUZHA, ERNAKULAM, PIN - 686668
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.38023 of 2023 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.38023 of 2023
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Dated this the 16th day of November, 2023
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P9 order, whereby the Form-6 application submitted by the petitioner has been rejected, mainly taking a stand that the property is not fully filled up and there is water logging in the property and that there are paddy fields in the nearby locality and further that the subject property will come within the definition paddy land as per the Kerala Conservation of Paddy Land and Wetland Act, 2008.
2. Petitioner is the owner and possession of 6.7 Ares of property in Sy. No. 369/6-3 of Kalloorkkad Village, Muvattupuzha Taluk. Admittedly this property is not included in the data bank published by the Panchayat. The Form-6 application submitted by the petitioner has been originally rejected as per Ext.P3 order, against which he has preferred a statutory appeal before the District Collector, who relying on the KSRSEC report and also finding that there are arecanut trees of 20 years and the property is converted much earlier, has allowed the appeal and remitted back the Form 6 application for reconsideration to the Revenue W.P.(C). No.38023 of 2023 :3: Divisional Officer, as per Ext.P4 order. Thereafter, pursuant to the direction issued by this Court as per Ext.P5, the application was again considered and rejected stating the very same reason, as per Ext.P6. Again the order was challenged before the District Collector and by Ext.P7 order, Ext.P6 order was set aside and again remitted back for reconsideration. Thereafter the impugned order has been passed again rejecting the application stating the very same reason. The petitioner relies on Ext.P8 KSRSEC report, wherein it is observed that the plot was observed under mixed vegetation/plantation/trees in the data of year 2008 and the same landuse practices were continuing in the data of subsequent years also, ie., 2009, 2015 and 2022. The reason stated in Ext.P9 order are not reasons available to the 2 nd respondent Revenue Divisional Officer, for rejecting a Form-6 application.
3. Heard the learned Government Pleader also.
4. This Court has considered an identical issue in George Varghese v. The District Collector [2023 (7) KHC 93] wherein the parameters for consideration of a Form-6 application has been enumerated, which has not been followed while issuing Ext.P9. In view of the same, Ext.P9 is set aside with a consequential direction to the 2nd respondent Revenue Divisional Officer to reconsider the W.P.(C). No.38023 of 2023 :4: Form-6 application submitted by the petitioner, in accordance with law, taking into consideration the directions issued by this Court in George Varghese's case cited (Supra) and a final decision in the matter shall be taken within an outer limit of one month from the date of receipt of a copy of this judgment. Petitioner will be free to submit argument notes producing copy of the judgment in George Varghese's case cited (Supra), which shall be duly considered while reconsidering the matter as directed above.
Sd/-
VIJU ABRAHAM JUDGE sm/ W.P.(C). No.38023 of 2023 :5: APPENDIX OF WP(C) 38023/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.05.2022 FOR THE YEAR 2022-2023 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE PETITIONER Exhibit P2 THE TRUE PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PROPERTY Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF RDO, MUVATTUPUZHA DATED 02.08.2021 Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ERNAKULUM DATED 02.12.2022 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 15.02.2023 IN WP (C) NO. 3146 OF 2023 Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF RDO, MUVATTUPUZHA DATED 21.02.2023 Exhibit P7 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ERNAKULAM DATED 06.10.2023 Exhibit P8 TRUE COPY OF THE REPORT DATED 24.05.2023 OF THE KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE RDO MUVATTUPUZHA DATED 27.10.2023