Kerala High Court
Pradeep Kumar vs The District Collector on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF OCTOBER 2021/9TH ASWINA, 1943
WP(C) NO. 25588 OF 2020
PETITIONERS:
1 K.V. VASUMATHY, W/O. SREEDHARAN,
RESIDING AT SAKUNTHALA, OZHUVUPARA,
PALLASSENA, PALAKKAD DISTRICT.
2 P.S.SREEJA,, W/O.SADANANDAN,
RESIDING AT SAKUNTHALA, OZHUVUPARA,
PALLASSENA, PALAKKAD DISTRICT.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD-678 001.
2 THE TAHSILDAR,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 101.
3 THE VILLAGE OFFICER
PALLASSENA VILLAGE,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
4 THE REVENUE DIVISIONAL OFFICER,
PALAKKAD-678 001.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PALLASSENA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
WP(C) No.25588/2020 & connected cases
:2 :
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, PALLASSENA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
7 KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, IST FLOOR,
NEAR LEGISLATIVE ASSEMBLY,
VIKAS BHAVAN, UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM-695 033
REPRESENTED BY ITS DIRECTOR.
R1-R6 SRI.VIPIN NARAYANAN, SR.GOVT.PLEADER
R7 SRI.VISHNU S., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, ALONG WITH WP(C).10374/2021,
10352/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.25588/2020 & connected cases
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF OCTOBER 2021/9TH ASWINA, 1943
WP(C) NO. 10352 OF 2021
PETITIONER:
SREEJITH, S/O. SREEDHARAN,
RESIDING AT 'SAKUNTHALA',
OZHUVUPARA, PALLASSENA,
PALAKKAD DISTRICT.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD-678 001.
2 THE TAHSILDAR, CHITTUR TALUK,
PALAKKAD DISTRICT-678 101.
3 THE VILLAGE OFFICER,
PALLASSENA VILLAGE,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
4 THE REVENUE DIVISIONAL OFFICER,
PALAKKAD-678 001.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PALLASSENA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505
WP(C) No.25588/2020 & connected cases
:4 :
6 THE LOCAL LEVEL MONITORING COMMITTEE,
(CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND ACT, 2008),
REPRESENTED BY IS CONVENOR
(THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PALLASSENA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
7 KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, 1ST FLOOR,
NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS DIRECTOR.
R1-R6 SRI.VIPIN NARAYANAN, SR.GOVT.PLEADER
R7 SRI.VISHNU S., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, ALONG WITH WP(C).25588/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.25588/2020 & connected cases
:5 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF OCTOBER 2021/9TH ASWINA, 1943
WP(C) NO. 10374 OF 2021
PETITIONER:
PRADEEP KUMAR,
S/O. VELAYUDHAN EZHUTHACHAN,
MANJATHODI HOUSE, MARIKULAMBU,
KOODALLUR, PALLASSENA, CHITTUR TALUK,
PALAKKAD DISTRICT-678505.
BY ADVS.
G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PALAKKAD-678 001.
2 THE TAHSILDAR, CHITTUR TALUK,
PALAKKAD DISTRICT-678 101.
3 THE VILLAGE OFFICER,
PALLASSENA VILLAGE,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
4 THE REVENUE DIVISIONAL OFFICER,
PALAKKAD-678 001.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PALLASSENA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678505.
WP(C) No.25588/2020 & connected cases
:6 :
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, PALLASSENA,
CHITTUR TALUK, PALAKKAD DISTRICT-678 505.
7 KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, 1ST FLOOR,
NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS DIRECTOR.
R1-R6 SRI.VIPIN NARAYANAN, SR.GOVT.PLEADER
R7 SRI.VISHNU S., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, ALONG WITH WP(C).25588/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.25588/2020 & connected cases
:7 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF OCTOBER 2021/9TH ASWINA, 1943
WP(C) NO. 12839 OF 2021
PETITIONER:
BRIJITHA, W/O.SREEJITH,
RESIDING AT SAKUNTHALA,
OZHUVUPARA, PALLASSENA,
PALAKKAD DISTRICT-678 505.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
S.UMA DEVI
V.R.SANJEEV KUMAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION,
PALAKKAD-678 001.
2 THE TAHSILDAR, MINI CIVIL STATION,
CHITTUR, PALAKKAD DISTRICT-678 101.
3 THE VILLAGE OFFICER,
PALLASSENA VILLAGE,
PALLASSENA, CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
4 THE REVENUE DIVISIONAL OFFICER,
V.H.ROAD, PALAKKAD-678 001.
WP(C) No.25588/2020 & connected cases
:8 :
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PALLASSENA,
CHITTUR TALUK,
PALAKKAD DISTRICT-678 505.
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, PALLASSENA,
CHITTUR TALUK, PALAKKAD DISTRICT-678 505.
7 KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, 1ST FLOOR,
NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN,
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
PMG, THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS DIRECTOR.
R1-R6 SRI.VIPIN NARAYANAN, SR.GOVT.PLEADER
R7 SRI.VISHNU S., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, ALONG WITH WP(C).25588/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.25588/2020 & connected cases
:9 :
JUDGMENT
~~~~~~~~~
Dated this the 1st day of October, 2021
[WP(C) Nos.25588/2020, 10352/2021, 10374/2021 & 12839/2021]
In all these cases, the petitioners are aggrieved by
the decision taken by the Local Level Monitoring Committee
not to remove the pieces of land of the petitioners from the
Data Bank.
2. The pieces of land owned by the petitioners in all
these writ petitions are in the same Re-survey numbers 370/2
and 405/6 in Pallassena Village in Chittur Taluk of Palakkad
District. The facts of the four cases are identical and therefore
facts and exhibits as arrayed/marked in W.P.(C)
No.12839/2021, are referred to in this common judgment.
3. The petitioner in W.P.(C) No.12839/2021 submitted
an application for correction of Data Bank invoking the
provisions of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008, in the year 2018. The application of the
petitioner was rejected. Aggrieved by the rejection, the
WP(C) No.25588/2020 & connected cases
petitioner approached this Court and this Court on 24.10.2018
directed the LLMC to reconsider the application and pass
orders afresh. It appears that no further proceedings were
taken by the LLMC and the petitioner filed a contempt case.
Thereupon, the LLMC passed an order again rejecting the
application. The petitioner would contend that the said
rejection was without calling for any report from the KSREC.
4. The petitioner again approached this Court filing
W.P.(C) No.32815/2019 challenging the decision of the LLMC.
This Court, in Ext.P6 judgment, found that the order was
passed without receiving and adverting to any scientific data
and consequently, directed the LLMC to reconsider the matter
and pass orders afresh. The LLMC thereupon passed Ext.P7
order (in W.P.(C) No.12839/2021). The order of the LLMC
would show that the KSREC has reported that the land is lying
fallow and there are buildings on the South-West and North-
West part of the land. Nevertheless, the LLMC decided not to
remove the land of the petitioner from the Data Bank. It is
aggrieved by orders of similar nature passed by the LLMC in
WP(C) No.25588/2020 & connected cases
all these cases that the petitioners are before this Court.
5. The respondents filed statement contesting the writ
petition. The respondents stated that the impugned orders
were passed after referring to the report of the KSREC and
there is no illegality or irregularity in the order passed by the
LLMC. The KSREC has observed that the plots in question
were observed under vegetation/plantation with
construction/building at North-West part in the data of 2012.
The same land use pattern with varied vegetative cover
continued in the data of years 2016 and 2018. In such
circumstances, the impugned orders are legal and
sustainable, contended the learned Government Pleader.
6. Heard the learned counsel for the petitioners and
the learned Government Pleader representing the
respondents.
7. A perusal of the Report on Land Use Change
produced by the 5th respondent as Annexure-R5(a) would
disclose that the properties were found to be under
vegetation/plantation with construction/building at North-West
WP(C) No.25588/2020 & connected cases
part in the data of the year 2006. The plot was also observed
under vegetation/plantation with construction at South-West
part in the data of the year 2012. This would show that the
land was converted earlier. The said findings of the KSREC
do not reflect in the impugned Ext.P7 order. Though the
LLMC has claimed to have considered the KSREC report, the
impugned orders do not disclose the same and the impugned
orders are therefore liable to be set aside for non-application
of mind.
8. After the introduction of Section 27A of the Kerala
Conservation of Paddy Land and Wetland Act, 2008, the
competent authority to decide as to making corrections in the
Land Data Bank is the Revenue Divisional Officer. However,
in this case, the petitioners have opted to file applications
before the LLMC which are now found to be unsustainable. In
such circumstances, this Court is of the opinion that the
petitioners shall approach the RDO concerned filing Form-5
application.
WP(C) No.25588/2020 & connected cases
In such circumstances, these writ petitions are
disposed of setting aside the orders impugned in the writ
petitions passed by the LLMC and permitting the petitioners to
file fresh applications in Form-5 before the Revenue Divisional
Officer concerned. If the petitioners submit applications
supported by all requisite documents and paying the
prescribed fee, if any, then the Revenue Divisional Officer
shall consider those applications and pass appropriate orders
thereon taking into consideration the report of the KSREC and
also taking into consideration the judgment of this Court in
Mather Nagar Residents Association v. District Collector
[2020 (2) KLT 192]. The Revenue Divisional Officer shall take
into consideration the KSREC report calling for the same from
the Agricultural Officer concerned. A decision shall be taken
by the Revenue Divisional Officer on the applications of the
petitioners within a period of three months from the date of
receipt of the applications from the petitioners and the KSREC
reports.
Sd/- N. NAGARESH, JUDGE
aks/06.10.2021
WP(C) No.25588/2020 & connected cases
APPENDIX OF WP(C) 25588/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.3388/2008
EXECUTED IN FAVOUR OF THE PETITIONER BY
THE SELLERS.
EXHIBIT P2 TRUE COPY OF THE LATEST BASIC TAX
RECEIPT DATED 5.4.2018 ISSUED IN THE
NAME OF THE PETITIONER BY THE VILLAGE
OFFICER, PALLASSENA VILLAGE.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
24.2.2016 SUBMITTED BY THE PETITIONERS
BEFORE THE IST RESPONDENT.
EXHIBIT P4 TRUE PHOTOGRAPH OF THE PROPERTIES
MENTIONED ABOVE.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED
22.9.2018 SUBMITTED BY THE PETITIONERS
BEFORE THE 6TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE JUDGMENT MADE IN WPC
NO.34788/2018 DATED 25.10.2018.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 26.4.2019
ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT MADE IN WPC
NO.32799/2019 DATED 3.12.2019.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED
20.2.2020 ISSUED BY THIS HON'BLE COURT
MADE IN WPC NO.4917/2020.
EXHIBIT P10 TRUE COPY OF THE MEMO DATED 19.10.2020
SUBMITTED ON BEHALF OF THE 5TH
RESPONDENT THROUGH THE GOVERNMENT
PLEADER IN CONNECTION WITH WPC
NO.4917/2020.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 28.1.2020
SENT BY THE 5TH RESPONDENT ALONG WITH
COVERING LETTER DATED 12.11.2020.
WP(C) No.25588/2020 & connected cases
APPENDIX OF WP(C) 10352/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 05.04.2018 ISSUED IN THE NAME OF
THE PETITIONER BY THE VILLAGE OFFICER,
PALLASSENA VILLAGE
EXHIBIT P2 TRUE PHOTOGRAPH OF THE PROPERTIES
MENTIONED ABOVE
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
22.09.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE JUDGMENT MADE IN
W.P(C) NO.34781/2018 DATED 25.10.2018
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 26.04.2019
ISSUED BY THE 6TH RESPONDENT
EXHIBIT P6 TRUE EXTRACT OF THE PROCEDURE FOR
GETTING SATELLITE DATA INFORMATION AND
REPORT FROM 7TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE JUDGMENT MADE IN W.P
(C) NO.32822/2019 DATED 03.12.2019
EXHIBIT P8 TRUE COPY OF THE MEMO DATED 25.11.2020
SUBMITTED BY THE GOVERNMENT PLEADER
BEFORE THIS HON'BLE COURT IN COC
NO.1811/2020
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 28.01.2020
PASSED BY THE 5TH RESPONDENT AND
RECEIVED BY THE PETITIONERS COUNSEL
THROUGH THE LEARNED GOVERNMENT PLEADER
ON 01.12.2020
WP(C) No.25588/2020 & connected cases
APPENDIX OF WP(C) 10374/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 17.4.2018 ISSUED IN THE NAME OF
THE PETITIONER BY THE VILLAGE OFFICER,
PALLASSENA VILLAGE.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN WP(C)
NO.35532/2018 DATED 31.10.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.4.2019
ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P4 TRUE EXTRACT OF THE PROCEDURE FOR
GETTING SATELLITE DATA INFORMATION AND
REPORT FROM 7TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT MADE IN WP(C)
NO.32823/2019 DATED 3.12.2019.
EXHIBIT P6 TRUE COPY OF THE MEMO DATED 30.11.2020
SUBMITTED BY THE GOVERNMENT PLEADER
BEFORE THIS HON'BLE COURT IN
COC.NO.1770/2020.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 28.1.2020
PASSED BY THE 5TH RESPONDENT AND
RECEIVED BY THE PETITIONER'S COUNSEL
THROUGH THE LEARNED GOVERNMENT PLEADER
ON 1.12.2020.
WP(C) No.25588/2020 & connected cases
APPENDIX OF WP(C) 12839/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 5.4.2018 ISSUED IN THE NAME OF
THE PETITIONER BY THE VILLAGE OFFICER,
PALLASSENA VILLAGE.
Exhibit P2 TRUE COPY OF THE APPLICATION DATED
22.9.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE JUDGMENT MADE IN WP(C)
NO.34546/2018 DATED 24.10.2018.
Exhibit P4 TRUE COPY OF THE ORDER DATED 26.4.2019
ISSUED BY THE 6TH RESPONDENT.
Exhibit P5 TRUE EXTRACT OF THE PROCEDURE FOR
GETTING SATELLITE DATA INFORMATION AND
REPORT FROM 7TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT MADE IN WP(C)
NO.32815/2019 BY THIS HON'BLE COURT ON
3.12.2019.
Exhibit P7 TRUE COPY OF THE ORDER DATED 28.1.2020
ISSUED BY THE 6TH RESPONDENT ALONG WITH
A MEMO DATED 18.11.2020.
RESPONDENTS' EXHIBITS
ANNEXURE R5(a) A TRUE COPY OF THE REPORT OF THE 7TH
RESPONDENT BEARING NUMBER A-
172/2015/KSREC/4067/19
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