Kerala High Court
E.V.Bhanumathi Antharjanam vs The District Collector on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 12472 OF 2020
PETITIONER:
E.V.BHANUMATHI ANTHARJANAM
W/O.RAJENDRAN, RESIDING AT ELAVUNKAL ILLOM,
KANNAMANGALAM SOUTH P.O., (VIA) CHETTIKULANGARA,
MAVELIKKARA, ALAPPUZHA DISTRICT.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KASARAGOD - 671 121.
2 THE TAHSILDAR, HOSDURG TALUK
KASARAGOD DISTRICT - 671 312.
3 THE VILLAGE OFFICER
HOSDURG VILLAGE, HOSDURG,
KASARAGOD DISTRICT - 671 312.
4 THE REVENUE DIVISIONAL OFFICER
KASARAGOD DISTRICT - 671 121.
5 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, KANJANGAD,
KASARAGOD DISTRICT - 679 315.
6 THE LOCAL LEVEL MONITORING COMMITTEE
(CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND ACT, 2008) REPRESENTED BY
ITS CONVENOR (THE AGRICULTURAL OFFICER, KRISHI
BHAVAN KANJANGAD, KASARAGOD DISTRICT - 679 315.
BY GOVERNMENT PLEADER SMT. G.RANJITA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.12472/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 8th day of July, 2021
The petitioner purchased 17.81 Ares of land in
Hosdurg Village, Kasaragod District, in the year 2016. The
property was mutated in the name of the petitioner. The
petitioner states that the said property is a dry land. However,
in Revenue records, the land is shown as wetland. The
petitioner therefore approached the 6 th respondent submitting
an application dated 20.10.2016 to reclassify the land as dry
land.
2. To cut a long story short, the Local Level
Monitoring Committee (LLMC), who considered the issue, took
a decision as per Ext.P10 minutes that the land owned by the
petitioner is, in fact, wetland. The LLMC further found that the
documents produced by the petitioner are not sufficient to
conclude that the land in question is dry land. Therefore, the
WP(C) No.12472/2020
LLMC decided not to recommend change of nature of the land
owned by the petitioner.
3. The learned counsel for the petitioner would submit
that the LLMC has not effected a thorough inspection of the
property. The LLMC also has not considered the satellite data
in respect of the property, which has been produced by the
petitioner as Ext.P12. A correct decision on the issue can be
made only after considering such scientific data. Therefore,
Ext.P10, which has been passed without taking into account
relevant materials, is liable to be set aside.
4. The learned Government Pleader entered
appearance in the writ petition and controverted all material
contentions made by the petitioner in the writ petition. The
learned Government Pleader submitted that as per
instructions, the land of the petitioner is surrounded by paddy
land and granting permission to change the nature of the
petitioner's land would adversely affect paddy cultivation.
5. Heard learned counsel for the petitioner and
learned Government Pleader.
WP(C) No.12472/2020
6. Even as per the rules and instructions framed under
the Kerala Conservation of Paddy Land and Wetland Act,
2008, the LLMC, while deciding the issue as to the nature of
land, is duty bound to consider scientific data in respect of the
land in question. The satellite data provided by the Kerala
State Remote Sensing and Environment Centre is indeed a
relevant material. The decision contained in Ext.P10 is taken
without resorting to examination of scientific data. Therefore,
Ext.P10 is liable to be set aside and the LLMC has to
reconsider the application of the petitioner.
7. The learned counsel for the petitioner would submit
that Exts.P13 to P15 documents would show that the
petitioner and his predecessors purchased the property as a
dry land paying price at market value and that aspect also has
not been considered.
In the circumstances, the writ petition is disposed of
setting aside Ext.P10 and directing the 6 th respondent-LLMC
to reconsider the case of the petitioner in the light of Ext.P12
satellite data and also taking into consideration Exts.P13 to
WP(C) No.12472/2020
P15 documents made available by the petitioner. A decision
in this regard shall be taken within a period of two months.
Sd/-
N. NAGARESH, JUDGE
aks/08.07.2021
WP(C) No.12472/2020
APPENDIX OF WP(C) 12472/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 08/05/2017 ISSUED IN THE NAME OF
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED
30/05/2017 ISSUED BY THIS HON'BLE COURT
IN W.P.(C) NO.16898/2017.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C) NO.16898/2017 DATED 16/09/2017.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
12/10/2017 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED
03/01/2018 PRODUCED BY THE 5TH
RESPONDENT ON 19/07/2018 BEFORE THIS
HON'BLE COURT REJECTING THE REQUEST
MADE BY THE PETITIONER FOR CORRECTION
OF THE MISTAKE IN THE DATA BANK ENTRY.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C) NO.23613/2018 DATED 13/08/2018.
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED
02/11/2019 ISSUED BY THE 6TH
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPORT DATED
03/10/2019 ISSUED BY THE KERALA STATE
REMOTE SENSING AND ENVIRONMENTAL CENTRE
ADDRESSED TO THE 6TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED
28/01/2016 MADE IN R.F.A.NO.347/2004.
EXHIBIT P10 TRUE COPY OF THE RELEVANT EXTRACT OF
THE PROCEEDINGS ISSUED ON 23/01/2020 BY
THE 6TH RESPONDENT VIDE SERIAL NO.1 OF
THE HEARING HELD THEREON.
EXHIBIT P11 TRUE COPY OF THE MEMO DATED 27/01/2020
SUBMITTED ON BEHALF OF THE 6TH
RESPONDENT IN CONNECTION WITH W.P.(C)
NO.31962/2019 ON 17/06/2020.
WP(C) No.12472/2020
EXHIBIT P12 TRUE COPY OF THE REPORT DATED 3-10-2019
ISSUED BY THE KSRSEC,
THIRUVANANTHAPURAM MENTIONEDIN EXHIBIT
P8 COMMUNICATION.
EXHIBIT P13 TRUE COPY OF THE DOCUMENT NO.4556/95 OF
SRO HOSDURG EXECUTED IN THE NAME OF THE
PETITIONERS SON RAJESH ON 28.11.1995.
EXHIBIT P14 TRUE COPY OF THE DOCUMENT NO.2412/1997
DATED 11.7.1997 OF SRO HOSDURG.
EXHIBIT P15 TRUE COPY OF TEH SALE DEED NO.1104/2016
OF SRO HOSDURG EXECUTED IN THE NAME OF
THE PETITIONER.
