Kerala High Court
Unnikrishnan Bhaskaran vs The District Collector on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 7TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943
WP(C) NO.22406 OF 2021
PETITIONER :-
UNNIKRISHNAN BHASKARAN, AGED 51 YEARS
S/O.BHASKARAN NAIR, PAYANADU HOUSE, PATTUKULANGARA,
VALAPADU VILLAGE, CHAVAKADU TALUK, KERALA STATE,
THROUGH HIS POWER OF ATTORNEY HOLDER, SREENIVASAN,
AGED 52, S/O. THAMBI, NAMBYARUPARAMBIL HOUSE,
OLANADU, VARAPUZHA P. O., ALANGADU VILLAGE,
PARAVOOR TALUK, KERALA STATE.
BY ADVS.
GEORGE SEBASTIAN
PHILIA KOSHY
RESPONDENTS :-
1 THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682 030.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682 001.
3 THE TAHSILDAR
TALUK OFFICE, NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN - 683 513.
4 THE VILLAGE OFFICER
KARUMALOOR VILLAGE OFFICE, PARAVUR,
ERNAKULAM - 683 513.
5 THE LOCAL LEVEL MONITORING COMMITTEE
KARUMALLOOR GRAMA PANCHAYATH, REP. BY ITS CONVENER,
(THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
KARUMALLOOR - 683 511, ERNAKULAM DISTRICT).
BY SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.22406 OF 2021
-: 2 :-
JUDGMENT
Dated this the 7th day of December, 2021
The petitioner is the owner in possession of 4.05 Ares of
property in Survey No.332/1A-2-3 of Karumaloor Village in
Paravoor Taluk of Ernakulam District and 5.26 Ares of
property in Survey No.332/1A-2-2 of the same Village and
Taluk. It is submitted that the properties are not included in
the data bank. But, since the properties stand included in the
Basic Tax Register as 'paddy land', the petitioner has already
preferred applications for permission to put the properties to
other use in Form No.6 under Section 27A of the Kerala
Conservation of Paddy Land and Wetland Act, 2008.
2. It is submitted that in W.P.(C) Nos.22408/2021 and
22410/2021, this Court has directed the consideration of the
applications submitted by the petitioner in Form 6. However,
in the meanwhile, Ext.P8 order has been issued by the Village
Officer requiring the petitioner to stop construction in the
properties and to restore the properties as 'paddy lands'. The
learned counsel for the petitioner submits that the petitioner
is not bound to effect any such restoration and that the Village
WP(C) NO.22406 OF 2021
Officer does not have the power or jurisdiction in issuing
Ext.P8.
3. In any view of the matter, it is submitted that since
the Form 6 applications had already been submitted by the
petitioner and since this Court has directed the consideration
of the same, Ext.P8 is liable to be kept in abeyance till orders
are passed on the Form 6 applications submitted by the
petitioner.
4. Having heard the learned Government Pleader also,
I am of the opinion that since this Court has already directed
the consideration of Form 6 applications in accordance with
law, further proceedings are liable to await the result of the
said applications.
In the above view of the matter, there will be a
direction to the parties to maintain status quo with regard to
Ext.P8 stop memo issued by the Village Officer, till orders are
passed on the Form 6 applications submitted by the petitioner.
Further proceedings shall be taken only in accordance with
the orders to be passed by the RDO on the Form 6
applications. All the contentions of the petitioner with regard
WP(C) NO.22406 OF 2021
to the legality of Ext.P8 are left open to be considered in
appropriate proceedings, if necessary.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/10.12.2021
WP(C) NO.22406 OF 2021
APPENDIX OF WP(C) 22406/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
26.04.2021 IN RESPECT OF THE 4.05 ARES OF
PROPERTY IN SURVEY NUMBER 332/1A-2-3 OF
KARUMALOOR VILLAGE.
Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED
19.04.2021 IN RESPECT OF THE 5.26 ARES OF
PROPERTY IN SURVEY NUMBER 332/1A-2-2 OF
KARUMALOOR VILLAGE.
Exhibit P3 A TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY
OF THE PETITIONER.
Exhibit P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA
BANK PUBLISHED BY THE 5TH RESPONDENT.
Exhibit P5 A TRUE COPY OF THE RELEVANT EXTRACT OF THE FAIR
VALUE REGISTER AS PER THE KERALA STAMP ACT.
Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 29.06.2021
IN RESPECT OF THE PROPERTY COVERED BY EXT.P1.
Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 29.06.2021
IN RESPECT OF THE PROPERTY COVERED BY EXT.P2.
Exhibit P8 A TRUE COPY OF THE ORDER DATED 27.07.2021
ISSUED BY THE 4TH RESPONDENT.
Exhibit P9 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
FLIGHT TICKET OF THE PETITIONER.
