Biju P vs District Collector
2021 Latest Caselaw 14788 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                    WP(C) NO. 11859 OF 2021
PETITIONER:

         BIJU P,
         AGED 40 YEARS,
         S/O PRABHAKARAN, PRABHA NIVAS, KALLEKULANGARA,
         OLAVAKKODE, PALAKKAD-678 009
         BY ADV U.BALAGANGADHARAN


RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         PALAKKAD DISTRICT, CIVIL STATION,
         PALAKKAD-678 001.
    2    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, PALAKKAD-678 001.
    3    THE TAHSILDHAR,
         CIVIL STATION, PALAKKAD-678 001.
    4    THE VILLAGE OFFICER,
         PUDUPPARIYARAM-II VILLAGE, PUDUPPARIYARAM,
         PALAKKAD-678 733.
    5    THE PRINCIPAL AGRICULTURAL OFFICER,
         CIVIL STATION, PALAKKAD-678 001.
    6    THE AGRICULTURAL OFFICER,
         PUDUPPARIYARAM, PALAKKAD-678 733
    7    THE LOCAL LEVEL MONITORING COMMITTEE (L.L.M.C)
         PUDUPPARIYARAM GRAMA PANCHAYAT,
         REPRESENTED BY ITS EX OFFICIO CONVENER
         (AGRICULTURE OFFICER,
         PUDUPPARIYARAM AGRICULTURE OFFICE
         PALAKKAD) 678 733.
    8    THE DISTRICT LEVEL AUTHORIZED COMMITEE (D.L.A.C)
         UNDER CONSERVATION OF PADDY AND WET LAND ACT,
         REPRESENTED BY REVENUE DIVISIONAL OFFICER,
         OFFICE OF RDO, PALAKKAD-678 001.

          GOVERNMENT PLEADER SRI. MANU RAJ
     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 15.07.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11859/2021
                                 :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 15th day of July, 2021

The petitioner challenges Exts.P11 to P15 and

seeks to direct the 2nd respondent to consider granting

permission for reclamation of paddy land of the petitioner

covered by Ext.P1 document, for construction of residential

building. The petitioner further seeks to declare that the

property of the petitioner covered by Ext.P1 which is classified

as Revenue land in Revenue records is entitled to be

reclaimed for construction of residential building.

2. One Sasikumar and Sumathi Sasikumar purchased

7.5 cents of property in Puthuppariyaram-II Village of

Palakkad Taluk from one Ravikumar and other children of one

late Gopalan Nair in the year 2007. Smt. Rema purchased 3.5

cents out of the said property from Sasikumar in 2016. The

petitioner purchased the said 3.75 cents of land in Survey WP(C) No.11859/2021

No.471/59 in Puduppariyaram-II Village in Palakkad Taluk

from Smt.Rema as per Ext.P1 Sale Deed dated 13.05.2020.

The property is described as 'Nilam' in Ext.P1. The property

was included in the Data Bank also.

3. The petitioner states that the property is surrounded

by a large number of buildings and there is no paddy

cultivation anywhere near the vicinity of petitioner's land. The

Revenue Divisional Officer has permitted conversion of land of

one Appukuttan under the Kerala Land Utilisation Order,

which land is adjacent to the property of the petitioner. The

predecessor-in-interest of the petitioner had submitted an

application seeking permission to convert the land, but the

Local Level Monitoring Committee (LLMC) did not recommend

favourably on the ground that it will adversely affect paddy

cultivation. Accordingly, the Principal Agricultural Officer

rejected the said application as per Ext.P5 order. The appeal

preferred against Ext.P5 order was also rejected by the

District Collector as per Ext.P7.

WP(C) No.11859/2021

4. The petitioner states that neither the petitioner nor

his wife has another piece of land to construct a shelter. They

purchased this property with the fond hope of building a

house. The petitioner hence filed WP(C) No.16227/2020.

This Court set aside Exts.P5 and P6 and remitted the matter

back to LLMC, as per Ext.P9 judgment. The petitioner

submitted additional documents and Ext.P10 application in

Form-1. The LLMC, however, stuck to their stand and gave

Ext.P11 report adverse to the petitioner. The petitioner's

application under Form-1 was rejected as per Ext.P13 for the

sole reason that the title document was executed after 2008.

The Principal Agricultural Officer also gave adverse report on

the application for conversion of land of the petitioner as per

Ext.P14. The RDO passed Ext.P15 order rejecting the

application for conversion of land. The petitioner challenges

Exts.P11 to P15.

5. The learned Government Pleader contested the writ

petition on behalf of the respondents, producing Annexures-

R1 to R13 documents. The learned Government Pleader WP(C) No.11859/2021

submitted that the land is paddy land as per Data Bank,

Thandaper Register and Possession Certificate. It is part of

Murali Padasekharam which is fallow at present. Drainage

and water flow in the Padasekharam is seriously affected due

to fragmentation and conversion of land in the area.

6. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

7. The petitioner challenged Exts.P5 and P6 orders

passed by the respondents rejecting the request of his

predecessor-in-interest for removing the land in question from

Data Bank, by filing WP(C) No.16227/2020. This Court in

paragraph 5 of Ext.P9 judgment in WP(C) No.16227/2020

held that the grounds of rejection are no longer tenable or

sustainable and consequently set aside the impugned orders.

The ground for rejection as contained in Ext.P5 order is that

(i) the LLMC has not recommended and that (ii) agriculture in

nearby properties will be affected. Ext.P6 has been passed

based on Ext.P5. These reasons are found to be untenable in

Ext.P9 judgment. Ext.P9 is an inter-parte judgment which has WP(C) No.11859/2021

not been subjected to challenge from any quarters.

Therefore, the respondents cannot rely on the same grounds

to reject petitioner's request.

8. Ext.P11 proceedings of the LLMC would indicate

that the Committee has found the property as fallow land.

However, the LLMC observed that conversion of the land

would adversely affect paddy cultivation. Based on Ext.P11

proceedings, Ext.P12 rejection order has been passed. This

Court is of the opinion that after suffering Ext.P9 judgment, the

respondents were not justified in urging the same ground to

decline the application of the petitioner.

9. The application submitted by the petitioner for

conversion of land for house construction has been rejected

as per Ext.P13 for the reason that the land is registered after

2008. In paragraph 7(4) of Ext.P9 judgment, this Court has

categorically restrained the respondents from rejecting

petitioner's application on the ground that the subject property

has been purchased by the predecessor or by the petitioner

only after 12.08.2008.

WP(C) No.11859/2021

10. The learned Government Pleader relied on the

judgment of this Court in Sudheesh v. State of Kerala [2020

(5) KLT 662] and contended that the benefit of Section 9 is

personal benefit to the owner of the paddy field and will not be

available to a successor-in-interest by way of transfer.

However, in this case it is to be noted that Ext.P9 is an inter-

parte judgment between the petitioner and the respondents

and hence is binding on the respondents in spite of any

subsequent declaration of law made by this Court.

In the afore circumstances, the orders impugned in

the writ petition are set aside. The respondents are directed

to reconsider Ext.P15 application submitted by the petitioner in

the light of Ext.P9 judgment and the observations made

hereinabove, and pass orders afresh within a period of two

months.

Sd/-

N. NAGARESH, JUDGE

aks/18.08.2021 WP(C) No.11859/2021

APPENDIX OF WP(C) 11859/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF DOCUMENT NO 641/2020 DATED 13.5.2020 OF S.R.O OLAVAKKODE EXHIBIT P1(A) A TRUE COPY OF DOCUMENT NO 805/2016 DATED 28.3.2016 OF S.R.O OLAVAKKODE EXHIBIT P2 A TRUE COPY OF LOCATION SKETCH OF PROPERTY COVERED BY EXT P1. DOCUMENT DATED 7.7.2020 ISSUED BY VILLAGE OFFICER, PUDUPPARIYARAM EXHIBIT P3 A TRUE COPY OF IMPROVED LOCATION SKETCH OF PROPERTY COVERED BY EXT P1 DOCUMENT ISSUED BY VILLAGE OFFICER, PUDUPPARIYARAM DATED 7.7.2020 EXHIBIT P4 A TRUE COPY OF PROCEEDINGS OF SECOND RESPONDENT DATED 1.9.2004 EXHIBIT P5 A TRUE COPY OF THE LETTER OF THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD DATED 5.7.2019 EXHIBIT P6 A TRUE COPY OF LETTER OF 6TH RESPONDENT DATED 12.7.2019 TO REMA EXHIBIT P7 A TRUE COPY OF THE ORDEER OF THE DISTRICT COLLECTOR DATED 6.12.2019 EXHIBIT P8 TRUE COPY OF PHOTOGRAPHS OF PROPERTY OF THE PETITIONER EXHIBIT P9 A TRUE COPY OF JUDGMENT DAED 24.8.2020 IN WPC 16227/2020 OF THIS HONBLE COURT EXHIBIT P10 A TRUE COPY OF APPLICATION IN FORM NO 1 OF THE PETITIONER DATED 22.9.20210 BEFORE THE LLMC WITH ENDORSEMENTS OF OFFICERS EXHIBIT P11 A TRUE COPY OF MINUTES OF MEETING OF LLMC HELD ON 28.10.2020 EXHIBIT P12 A TRUE COPY OF LETTER OF THE 6TH RESPONDENT DATED 20.11.2020 TO THE PETITIONER EXHIBIT P13 A TRUE COPY OF LETTER OF 5TH RESPONDENT TO 6TH RESPONDENT DATED 18.1.2021 WP(C) No.11859/2021

EXHIBIT P14 A TRUE COPY OF THE LETTER OF 5TH RESPONDENT TO THE PETITIONER DATED 26.2.2021 EXHIBIT P15 A TRUE COPY OF ORDER DATED 17.4.2021 ISSUED BY THE SECOND RESPONDENT

RESPONDENTS' EXHIBITS:

ANNEXURE R1           TRUE COPY OF INWARD REGISTER
ANNEXURE R2           TRUE COPY OF FORM 1 APPLICATION OF REMA
                      AND COPY OF MINUTES BOOK OF THE LLMC
ANNEXURE   R3         TRUE COPY OF ORDER
ANNEXURE   R4         TRUE COPY OF THE MINUTES OF THE LLMC
ANNEXURE   R5         TRUE COPY OF RDO REJECTION LETTER
ANNEXURE   R6         TRUE COPY OF MINUTES OF LLMC MEETING
                      HELD ON 06.11.2020
ANNEXURE R7           TRUE COPY OF LETTER NO.PPM/22/2020-21
                      DATED 20.11.2021
ANNEXURE R8           TRUE COPY OF APPLICATION
ANNEXURE R9           TRUE COPY LETTER NO.T.A(7) 12554/2020
                      DATED 18.01.2021
ANNEXURE   R10        TRUE COPY OF NOTICE
ANNEXURE   R11        TRUE COPY OF LETTER
ANNEXURE   R12        TRUE COPY OF MINUTES BOOK
ANNEXURE   R13        TRUE COPY OF PROCEEDINGS NO.T.A.(7)
                      12554/2020