Kerala High Court
K.V. Aji vs The Revenue Divisional Officer on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 18202 OF 2018
PETITIONERS:
1 K.V. AJI,
AGED 37 YEARS,
W/O. SHIJU, RESIDING AT KUNNOTH HOUSE, POST PANAGAD,
BALLUSSERY, KOZHIKODE.
2 K.SHIJU
AGED 41 YEARS, S/O. GOVINDAN, RESIDING AT KUNNOTH
HOUSE, POST PANAGAD, BALLUSSERY, KOZHIKODE.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOZHIKODE - 673020.
2 THE CONVENER CUM AGRICULTURAL OFFICER,
LOCAL LEVEL MONITORING COMMITTEE,
PANAGAD GRAMA PANCHAYATH,
PANAGAD, KOZHIKODE - 673612.
3 THE VILLAGE OFFICER
PANAGAD, KOZHIKODE - 673612.
SRI.RIYAL DEVASSY- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18202 OF 2018
2
JUDGMENT
Dated this the 02nd day of November 2021
This writ petition is filed seeking the following
reliefs:-
(i) Issue a writ of certiorari or any other appropriate writ
order or direction declaring that the property covered
under Exts.P1 to P3 are not a paddy land in so far as it
has already lost its character as a paddy land and is not
included in the data bank under the Kerala Conservation
of Paddy Land and Wet Land Act.
(ii) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the 1 st respondent to consider
and pass orders on Exts.P5 and P11 application taking
note of Ext.P6 report of the Village Officer and
observations of this Honorable Court in Ext.P7 judgment
and without taking into consideration Ordinance No.13/18
issued under the Conservation of Paddy Land and Wet
Land Act, 2008.
2. Heard the learned counsel for the petitioners
and the learned Government Pleader.
3. It is submitted by the learned counsel for the
petitioners that the 1st petitioner was the owner and
WP(C) NO. 18202 OF 2018
possession of 5.9 ares of land in resurvey No.183/2 of
Panagad Village in Koyilandi Taluk. It is submitted that
an application had been preferred under Clause 6 (2) of
the Kerala Land Utilization Order, since the property
had been shown as paddy land in the Basic Tax
Register. Ext.P8 proceedings had been issued rejecting
the said request, though it was found that the property
was lying as garden land. The petitioners had
submitted a statutory appeal before the Land Revenue
Commissioner and Ext.P9 proceedings had been
passed, on 23.10.2014, setting aside Ext.P8 order and
remanding the matter for reconsideration by the 1st
respondent. It is submitted that, though the petitioners
had submitted Ext.P11 amendment application pointing
out that the 1st petitioner had settled the property in
favour of the 2nd petitioner, who is her husband, no
action has been taken on the application which stands
remanded for consideration before the 1 st respondent.
WP(C) NO. 18202 OF 2018
Learned Government Pleader submits that Exhibit P11
request is dated 22-12-2017 and it is not known
whether the said request has been received by the 1 st
respondent.
Having considered the contentions advanced on
either side and taking note of Exhibit P9 order, I find
that it cannot be disputed that the application
submitted by the petitioners under Clause 6 (2) of the
Kerala Land Utilization Order, 1967 stands remanded
back to the 1st respondent for a fresh consideration.
Since it is the common case of the parties that no
orders have been passed on the application as
remanded by Exhibit P9, I am of the opinion that the
said application requires a consideration. The request
of the petitioner for amendment of the application also
requires to be considered. There will be a direction to
the 1st respondent to take up the application submitted
by the 1st petitioner which has been remanded for fresh
WP(C) NO. 18202 OF 2018
consideration to the 1st respondent by Exhibit P9 order,
as also Exhibit P11 request made by the petitioners and
to consider and pass orders on the same, after taking
note of all relevant aspects of the matter and obtaining
reports from the Village Officer and after hearing the
parties through any appropriate means including video
conferencing within a period of two months from the
date of receipt of copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/02/11
WP(C) NO. 18202 OF 2018
APPENDIX OF WP(C) 18202/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JANMAM ASSIGNMENT DATED
25.10.2012 EXECUTED BY ONE GEETHA AMMA IN
FAVOR OF THE 1ST PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE GIFT DEED DATED 25.09.2017
EXECUTED BY 1ST PETITIONER IN FAVOUR OF THE
2ND PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE JANMAM ASSIGNMENT DEED
DATED 03.09.2010 EXECUTED BY M/S.
K.K.RAMACHANDRAN AND K. REMA IN FAVOR OF THE
2ND PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT
DATA BANK PUBLISHED BY THE VILLAGE OFFICER
PANAGAD.
EXHIBIT P5 A TRUE COPY OF THE APPLICATION FILED BY THE
1ST PETITIONER DATED 12.12.12.
EXHIBIT P6 A TRUE COPY OF THE REPORT DATED 06.05.2013
FILED BY THE VILLAGE OFFICER PANAGAD TO THE
1ST RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WPC 19805/10 DATED
31.10.2017.
EXHIBIT P8 A TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT IN H-4930/13 DATED 06.09.2013.
EXHIBIT P9 A TRUE COPY OF THE ORDER OF THE LAND REVENUE
COMMISSIONER IN LRA 1-42308/13 DATED
23.10.2014.
EXHIBIT P10 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY
THE PANAGAD GRAMA PANCHAYATH IN FAVOUR OF THE
ASSIGNEE OF THE 2ND PETITIONER WHICH HAS
WP(C) NO. 18202 OF 2018
SINCE BEEN TRANSFERRED IN THE NAME OF THE 2ND
PETITIONER DATED 09.02.19.
EXHIBIT P11 A TRUE COPY OF THE AMENDED APPLICATION DATED
22.12.2017.
RESPONDENTS' EXHIBITS: NIL
SSK //TRUE COPY// PA TO JUDGE
