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Kerala High Court
P.Gopalakrishnan Pillai vs District Collector on 20 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 12951 OF 2023
PETITIONER:
P.GOPALAKRISHNAN PILLAI,
S/O.PARAMESWARAM PILLAI, B-17 UTHRADAM, S.S.KOVIL
LANE, KAWDIAR.P.O, THIRUVANANTHAPURAM - 695003
BY ADV.
SRI.P.GOPALAKRISHNAN PILLAI,(PARTY-IN-PERSON)
RESPONDENTS:
1 DISTRICT COLLECTOR,
CIVIL STATION, ALAPPUZHA COLLECTORATE P.O.,
ALAPPUZHA, PIN - 688001
2 RDO, CHENGANNUR,
O/O.THE RDO, CHENGANNUR, CHENGANNUR P.O.,
ALAPPUZHA, PIN - 689121
3 CHAIRPERSON, LOCAL LEVEL MONITORING COMMITTEE,
MUTHUKULAM GRAMA PANCHAYATH, MUTHUKULAM P.O.,
ALAPPUZHA DISTRICT, PIN - 690506
4 AGRICULTURAL OFFICER,
MUTHUKULAM, O/O.THE AGRICULTURAL OFFICER,
MUTHUKULAM, MUTHUKULAM P.O., ALAPPUZHA,
PIN - 690506
5 VILLAGE OFFICER,
MUTHUKULAM VILLAGE OFFICE, MUTHUKULAM P.O.,
ALAPPUZHA, PIN - 690506
BY ADV.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).14156/2023,
20561/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.12951, 14156 & 20561 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 14156 OF 2023
PETITIONER:
SATHYASHEELAN K.,AGED 72 YEARS
S/O.KUTTAPPAN, RESIDING AT SATHYABHAVANAM,
MUTHUKULAM SOUTH P.O., MUTHUKULAM, ALAPPUZHA,
PIN - 690506
BY ADVS.
J.VISHNU
ANU BALAKRISHNAN NAMBIAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, CHENGANNUR,
CHENGANNUR, ALAPPUZHA, PIN - 690502
2 THE AGRICULTURAL OFFICER,
MUTHUKULAM KRISHI BHAVAN, MUTHUKULAM P.O.,
KAYAMKULAM, ALAPPUZHA, PIN - 690506
3 THE VILLAGE OFFICER, MUTHUKULAM, MUTHUKULAM
P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690502
4 THE LOCAL LEVEL MONITORING COMMITTEE,
MUTHUKULAM GRAMA PANCHAYAT, REPRESENTED BY
PRESIDENT/CHAIR PERSON OF MUTHUKULAM GRAMA
PANCHAYAT, ALAPPUZHA, PIN - 690506
5 GOPALAKRISHNA PILLAI P., AGED 73 YEARS
S/O.LATE PARAMESHWARAN PILLAI, B/17,
UTHRADAM, S.S.KOVIL LANE, KAWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695003
BY ADV.SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).12951/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.12951, 14156 & 20561 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 20561 OF 2023
PETITIONER:
SATHEESAN,AGED 53 YEARS, S/O.BRHAMANANDAN,
EDAYODI KANNANKARA HOUSE, KEERIKKAD P.O,
RAMAPURAM, KARTHIKAPALLY, ALAPPUZHA DISTRICT,
PIN - 690516
BY ADV S.K.ADHITHYAN
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER, OFFICE OF THE
REVENUE DIVISIONAL OFFICE, CHENGANNUR,
ALAPPUZHA, PIN - 689121
2 PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE AGRICULTURAL OFFICER, ALAPPUZHA
DISTRICT, PIN - 690001
3 THE VILLAGE OFFICER, MUTHUKULAM VILLAGE
OFFICE, KARTHIKAPALLY, ALAPPUZHA DISTRICT,
PIN - 690506
4 MUTHUKULAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MUTHUKULAM P.O,
KARTHIKAPPALLY, ALAPPUZHA, PIN - 690516
5 LOCAL LEVEL MONITORING COMMITTEE,REPRESENTED
BY CONVENER, OFFICE OF THE MUTHUKULAM
VILLAGE, MUTHUKULAM P.O, KARTHIKAPPALLY,
ALAPPUZHA, PIN - 690506
6 AGRICULTURAL OFFICER, OFFICE OF THE
AGRICULTURAL OFFICER, MUTHUKULAM,
KARTHIKAPPALLY, ALAPPUZHA, PIN - 690506
BY ADV.SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).12951/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.12951, 14156 & 20561 of 2023
4
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) Nos. 12951, 14156 & 20561 of 2023
------------------------------------------------------
Dated this the 20th day of May, 2024
JUDGMENT
The above Writ petitions are connected and therefore I am disposing of these three Writ petitions by a common judgment.
2. I will narrate the facts in W.P.(C)No.12951 of 2023 first:
The petitioner is aggrieved by the impugned orders issued by the 2nd respondent whereby the petitioner's Form 5 application for removal of the properties comprised in Re.Sy.No. 508/1, 508/2 and 508/8 of the of the Muthukulam Village, Karthikapally Taluk, Alappuzha District and Form 6 application for utilization of the properties for other purposes were rejected. The petitioner is aggrieved mainly for the W.P.(C) Nos.12951, 14156 & 20561 of 2023 5 reason that the authorities were not considered the directions issued by this Court in Ext.P4 judgment while passing the impugned orders. Hence the above writ petition is filed.
3. Petitioners in W.P.(C) Nos.14156 of 2023 & 20561 of 2023 are subsequent purchasers of the property from the petitioner in W.P.(C) No.12951 of 2023. Their applications were also not considered in the light of the judgment in W.P.(C) No.5839 of 2017 which is produced as Ext.P4 in W.P.(C) No.12951 of 2023.
4. Heard the learned counsel appearing for the petitioners in these Writ petitions and the learned Government Pleader.
5. This Court perused Ext.P4 judgment produced in W.P.(C) No.12951 of 2023. Admittedly, Ext.P4 judgment is an inter parte judgment between the parties in W.P.(C) No.12951 of 2023. It will be better to extract the relevant portion of Ext.P4 W.P.(C) Nos.12951, 14156 & 20561 of 2023 6 judgment produced in W.P.(C) No.12951 of 2023:
"10. I have heard the petitioner and the learned Government Pleader representing the respondents.
11. From the draft Data Bank produced by the petitioner as Ext.P12, it can be seen that the land comprised in 508/2 is "Thodu, Chira, Vattakkoona'. The land comprised in Re-survey No.508/8 is "Chira, Kuzhi, Vattakkoona". The said entry in the draft Data Bank is not in dispute. The petitioner's attempt was to construct a motorable pathway to the adjoining lands owned by him. Such construction of motorable pathway is not through a land where paddy is being cultivated. The petitioner would contend that he has not made any changes in land comprised in Re-survey No.508/2.
12. The motorable pathway proposed is exclusively through land in Re-survey No.508/8. In Ext.P4 order of the District Collector, it has been observed that the land in Resurvey No.508/8 has been converted unloading three loads of gravel and by planting Coconut saplings. In Ext.P15 order in revision, the 2nd respondent has found that the land should be treated as paddy land and the land ought to have been described as paddy land in the Data Bank. The 2nd respondent has stated that the land has to be 'regularised' as paddy land in the Data Bank. Holding so, the 2nd respondent affirmed the order of the District Collector and directed the authorities to take W.P.(C) Nos.12951, 14156 & 20561 of 2023 7 steps to restore the land to its original position.\
13. The Advocate Commissioner who visited the land has submitted a comprehensive report. The Commissioner stated that the land comprised in Re- survey No.508/8 was found fully filled and there were Coconut palms of the age 10 to 15 years. In the land comprised in Re-survey No.508/2, there are four 'Chira' and three 'Thodu'. The filled up area in Re- survey No.508/2 was planted with Coconut trees, which according to the Advocate Commissioner are 25 to 30 years old. It is therefore evident that such conversion was done prior to the enactment of the Act, 2008.
14. The Advocate Commissioner also noted that the Panchayat has laid underground pipes through the drains situated between Re-survey No.508/7 an 508/6 which passes through the property comprised in Re- survey No.508/8. It would indicate that there was no paddy cultivation in the land for a long period. In fact, the Advocate Commissioner has also categorically stated that no paddy cultivation is seen in the neighbouring lands and the water channel provided under the property in Re-survey No.508/8 was not found to aid any paddy cultivation.
15. The petitioner has only attempted to lay a motorable pathway to his remaining land. The land in Re-survey No.508/8 through which the pathway is proposed is admittedly not a paddy land even as per the remarks in the Data Bank. In view of the findings W.P.(C) Nos.12951, 14156 & 20561 of 2023 8 of the Advocate Commissioner and in view of the purpose for which the land is sought to be used by the petitioner, this Court is of the considered view that mechanical application of the penal provisions contained in the Act, 2008 would result in grave injustice.
16. In such circumstances, this Court is inclined to set aside Ext.P15 order. Ext.P15 order is therefore set aside.
Writ petition is disposed of as above."
6. Thereafter, Exts.P8 and P9 orders were passed in W.P.(C) Nos.12951 of 2023 & 14156 of 2023 rejecting Form 5 and Form 6 applications. This Court perused Exts.P8 and P9 orders. It would not show that these orders were passed after adverting the findings in Ext.P4 judgment. I am of the considered opinion that the matter is to be reconsidered by the authorities in the light of the observations in Ext.P4 judgment produced in W.P.(C) No.12951 of 2023 and also after getting KSREC report. In the light of the above direction, no further direction is necessary in the other two Writ petitions.
W.P.(C) Nos.12951, 14156 & 20561 of 2023 9 Therefore, these Writ petitions are disposed of in the following manner:
1. Exts.P8 and P9 in W.P.(C) No.12951 of 2023 is set aside and the 2 nd respondent is directed to reconsider the matter in the light of the observations in Ext.P4 judgment and also after getting KSREC report from the competent authority. The above exercise shall be completed, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
2. In the light of the above direction, no further directions are necessary in W.P. (C)Nos.14156 of 2023 & 20561 of 2023 because the petitioners in these cases W.P.(C) Nos.12951, 14156 & 20561 of 2023 10 are the subsequent purchasers of the property from the petitioner in W.P.(C) No.12951 of 2023.
3. While passing orders as directed above, an opportunity of hearing should be given to the petitioners in W.P.(C) Nos.14156 of 2023 & 20561 of 2023.
4. I also make it clear that the petitioners in W.P.(C) Nos.14156 of 2023 & 20561 of 2023 are also free to file appropriate applications in Form 5 and Form 6, if necessary, in accordance with the Kerala Conservation of Paddy land and Wet Land Rules.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C) Nos.12951, 14156 & 20561 of 2023 11 APPENDIX OF WP(C) 14156/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE PETITIONER AND HIS WIFE WITH REGARD TO RESURVEY NO.508/2-1 OF BLOCK 16, MUTHUKULAM VILLAGE, DATED 12.04.2021 EXHIBIT P1A A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE PETITIONER AND HIS WIFE WITH REGARD TO RESURVEY NO.508/2-3-1 OF BLOCK 16, MUTHUKULAM VILLAGE, DATED 13.05.2022 EXHIBIT P2 A TRUE COPY OF THE RELEVANT PORTION OF THE DRAFT DATA BANK APPROVED BY THE LLMC, MUTHUKULAM, GRAMA PANCHAYATH EXHIBIT P3 A TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT, G.O. (R.T)NO.44/2017/AGRI DATED 17.01.2017 EXHIBIT P4 A TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE NOTIFICATION DATED 22.01.2021 ISSUED BY THE MUTHUKULAM PANCHAYATH EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.5839/2017 DATED 28.09.2021 EXHIBIT P6 A TRUE COPY OF THE FORM-6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RDO, CHENGANNUR, DATED 28.02.2022 EXHIBIT P7 A TRUE COPY OF THE REPORT OF THE LLMC, MUTHUKULAM VILLAGE, DATED 18.06.2022 EXHIBIT P8 A TRUE COPY OF ORDER NO.A-
11302/2022, DATED 04.03.2023 OF THE 4TH RESPONDENT REJECTING FORM-6 APPLICATION W.P.(C) Nos.12951, 14156 & 20561 of 2023 12 EXHIBIT P9 A TRUE COPY OF ORDER NO.A-3972/2022, DATED 04.03.2023 OF THE 4TH RESPONDENT REJECTING FORM-5 APPLICATION W.P.(C) Nos.12951, 14156 & 20561 of 2023 13 APPENDIX OF WP(C) 20561/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT NO. 5656904 DATED 24/8/2017 ISSUED BY THE MUTHUKULAM VILLAGE EXHIBITP2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS MKB 03/17-18 DATED 26/9/2017 EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 29/11/2017 EXHIBIT P4 A TRUE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 4/9/2019 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P (C) NO. 5839/2017 DATED 28/9/2021 OF THIS HON'BLE COURT EXHIBITP6 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE CHALAN RECEIPT DATED 26/2/2022 PAID BY THE PETITIONER W.P.(C) Nos.12951, 14156 & 20561 of 2023 14 APPENDIX OF WP(C) 12951/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DRAFT DATA BANK ISSUED IN THE OFFICIAL GAZETTE DATED 30-12-2010 EXHIBIT P1(A) A TRUE COPY OF THE DATE BANK PUBLISHED AS PER KERALA GAZETTE EXTRAORDINARY NO. 277/2021 EXHIBIT P2 A TRUE COPY OF THE ORDER NO.C8/27820/2014 DATED 18-04-2015 EXHIBIT P3 A TRUE COPY OF THE G.O(RT)NO.44/2017/AGRI DATED 17-01- 2017 ISSUED BY THE DEPUTY SECRETARY, DEPARTMENT OF AGRICULTURE EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 5839/2017 DATED 28-09-2021 EXHIBIT P5 A TRUE COPY OF THE FORM 6 APPLICATION DATED 15-12-2021 EXHIBIT P5(A) A TRUE COPY OF THE FORM 6 APPLICATION DATED 20-12-2021 EXHIBIT P6 A TRUE COPY OF THE FORM 5 APPLICATION DATED 26-02-2021 EXHIBIT P7 A TRUE COPY OF THE JUDGEMENT DATED 08-06-2022 IN W.P.(C). NO. 11741/2022 ON THE FILES OF THIS HONOURABLE COURT EXHIBIT P8 A TRUE COPY OF THE ORDER NO. A-
11302/2022 DATED 04-03-2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9 A TRUE COPY OF THE ORDER NO.
3972/2022 DATED 04-03-2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P10 A TRUE COPY OF THE REPORT DATED 18- 6-2022 ISSUED BY THE 5TH RESPONDENT EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 6- 11-2023 IN W.P.(C). NO. 29568 OF 2023 ON THE FILES OF THIS HONOURABLE COURT REPORTED IN 2023 KHC ONLINE 718 W.P.(C) Nos.12951, 14156 & 20561 of 2023 15 EXHIBIT P12 . A TRUE COPY OF THE REPLY DATED 26- 12-2016 GIVEN UNDER THE RIGHT TO INFORMATION ACT, 2005 BY THE 5TH RESPONDENT ALONGWITH THE RELEVANT PORTION OF THE BASIC TAX REGISTER OF THE PETITIONER'S PROPERTY COMPRISED RE.SY.NO. 508/2 AND 508/8 OF MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 28-6-2022 IN W.P.(C). NO. 18619 OF 2020 ON THE FILES OF THIS HONOURABLE COURT EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED 11-1-2016 SUBMITTED BY THE PETITIONER UNDER CLAUSE 6 OF THE KLU ORDER, 1967 ALONG WITH THE POSTAL RECEIPT DATED 14-1-2016 EXHIBIT P15 A TRUE COPY OF THE REPLY DATED 20-8-
2021 ISSUED BY THE PUBLIC INFORMATION OFFICER, O/O OF THE 1ST RESPONDENT UNDER THE RIGHT TO INFORMATION ACT, 2005 EXHIBIT P16 A TRUE COPY OF THE FIELD SKETCH OF SURVEY NO. 508/2 OF BLOCK NO. 16 OF THE MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK EXHIBIT P17 A TRUE COPY OF THE LETTER NO.
2467/21 DATED 20-12-2021 ISSUED BY THE 2ND RESPONDENT TO 5TH RESPONDENT ALONG WITH THE FORM NO. 6 AND THE FIELD SKETCH OF SURVEY NO. 508/8 OF BLOCK NO. 16 OF THE MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK EXHIBIT P18 A TRUE COPY OF THE FORM NO. 6 DATED 28-2-2022 SUBMITTED BY THE PETITIONER ALONG WITH THE FIELD SKETCH OF SY NO. 508/1 AND SY.NO. 508/2 OF BLOCK NO. 16 OF THE MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK EXHIBIT P19 A TRUE COPY OF THE REPORT DATED 20-
6-2022 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT W.P.(C) Nos.12951, 14156 & 20561 of 2023 16 EXHIBIT P20 A TRUE COPY OF THE ORDERNO.11297/2022 DATED 4.3.2023 ISSUED BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE