P.A.Ali vs The District Collector
2021 Latest Caselaw 20248 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021/8TH ASWINA, 1943
                 WP(C) NO. 3397 OF 2021
PETITIONER:

         P.A.ALI,
         AGED 54 YEARS,
         S/O ABDUL RAHMAN, PALLIMITTATH HOUSE,
         CHIRAYAM, PANAYIKULAM,
         ERNAKULAM DISTRICT, PIN-683 502.


         BY ADV BINU PAUL


RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         CIVIL STATION, KAKKANAD,
         ERNAKULAM,PIN-682 030.
    2    THE REVENUE DIVISIONAL OFFICER,
         FORT KOCHI,
         ERNAKULAM DISTRICT, PIN-682 001.
    3    THE TAHSILDAR,
         PARUR THALUK, N.PARUR,
         ERNAKULAM DISTRICT, PIN-683 513.
    4    VILLAGE OFFICER,
         ALANGAD VILLAGE, ALANGAD,
         ERNAKULAM DISTRICT, PIN-683 511.
    5    LOCAL LEVEL MONITORING COMMITTEE,
         (CONSTITUTED UNDER THE KERALA CONSERVATION OF
         PADDY LAND AND WET LAND ACT 2008),
         REPRESENTED BY ITS CONVENER,
         AGRICULTURAL OFFICER,
         KRISHI BHAVAN, ALANGAD,
         ERNAKULAM DISTRICT ,PIN-683 511.


         BY ADV GOVERNMENT PLEADER SRI.SYAMANTHAK B.S

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, ALONG WITH WP(C).3447/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.3397&3447/2021
                             :2 :



        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 30TH DAY OF SEPTEMBER 2021/8TH ASWINA, 1943
                   WP(C) NO. 3447 OF 2021
PETITIONER:
         SHEMEENA SHAJAHAN,
         AGED 39 YEARS
         W/O. SHAJAHAN, THEKKETHALA HOUSE,
         METHANAM, PANAYIKULAM P. O.,
         ERNAKULAM DISTRICT - 683502.
         BY ADV BINU PAUL


RESPONDENTS:
    1    THE DISTRICT COLLECTOR,
         CIVIL STATION, KAKKANAD,
         ERNAKULAM, PIN - 682 030.
    2    THE REVENUE DIVISIONAL OFFICER,
         FORT KOCHI,
         ERNAKULAM DISTRICT, PIN - 682 001.
    3    THE TAHSILDAR,
         PARUR TALUK, N.PARUR,
         ERNAKULAM DISTRICT, PIN - 683513.
    4    VILLAGE OFFICER,
         ALANGAD VILLAGE, ALANGAD,
         ERNAKULAM DISTRICT, PIN - 683511.
    5    LOCAL LEVEL MONITORING COMMITTEE,
         (CONSTITUTED UNDER THE KERALA CONSERVATION OF
         PADDY LAND AND WET LAND ACT, 2008),
         REPRESENTED BY ITS CONVENER,
         AGRICULTURAL OFFICER, KRISHI BHAVAN,
         ALANGAD, ERNAKULAM DISTRICT, PIN - 683 511.


         BY ADV GOVERNMENT PLEADER SRI.SYAMANTHAK B.S.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, ALONG WITH WP(C).3397/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.3397&3447/2021
                               :3 :




                          JUDGMENT

Dated this the 30th day of September, 2021

The petitioners have approached this Court

seeking to direct the 1st respondent-District Collector to

consider their application submitted under Section 3A of

the Kerala Conservation of Paddy Land and Wetland Act,

2008 and pass orders on the applications for conducting

site inspection and verifying the physical nature of the

property mentioned in Ext.P1 within a time limit fixed by

this Court.

2. The petitioners contend that the property was

converted prior to the coming into force of the Act, 2008.

There is no difficulty for the 1st respondent in considering

the application submitted by the petitioners and allowing

the prayer for conversion as held in the decision of the WP(C) No.3397&3447/2021

Honourable Supreme Court in Jalaja Dileep v. Revenue

Divisional Officer [2012 (3) KLT 333] and of this Court in

Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT

182].

3. When this writ petition came up for hearing

today the Government Pleader pointed out that the legal

issue involved in these writ petitions are pending

consideration before the Division Bench of this Court in

W.A.No.499 of 2021 in which the Division Bench of this

Court has passed an interim order on 17.03.2021. The

prima facie finding of the Division Bench is against the

petitioners, contended the learned Government Pleader.

4. At this stage the learned counsel for the

petitioner submitted that in paragraph 7 of the order dated

17.03.2021 in W.A. No.499 of 2021, the Division Bench of

this Court has granted liberty to the parties concerned in

the writ appeal to avail the benefit of exemption granted to

property up to 25 cents as per Government Order dated WP(C) No.3397&3447/2021

25.02.2021. This writ petitions can be closed granting

liberty to the petitioners to invoke the benefit of the

Government Order dated 25.02.2021, filing an application

under Section 27A of the Act, 2008.

5. Heard the learned counsel for the petitioner and

the learned Government Pleader for the respondents.

6. An application under Section 27A of the Kerala

Conservation of Paddy Land and Wetland Act, 2008 being

a statutory right available to the owners of land, the

petitioners would indeed be entitled to make appropriate

application under Section 27A. If such application is made

the competent among the respondents are duty bound to

consider the application in the light of Government order

dated 25.02.2021.

In such circumstances, the writ petitions are

disposed of permitting the petitioners to invoke the

provisions of 27A of Kerala Conservation of Paddy Land

and Wetland Act, 2008 and make application before the 2 nd WP(C) No.3397&3447/2021

respondent seeking the benefit of the Government Order

dated 25.02.2021 also.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.3397&3447/2021

APPENDIX OF WP(C) 3397/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1          TRUE PHOTOCOPY OF THE LAND TAX
                    RECEIPT   NO    KL07030106162   DATED

3.6.2020 ISSUED FROM THE VILLAGE OFFICE, ALNGAD EXHIBIT P2 A TRUE COPY OF THE RECEIPT NO L15/21386/2016 DATED 22.2.2016 ISSUED FROM THE OFFICE THE 1ST RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER/CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE/5TH RESPONDENT DATED 29.7.2019 EXHIBIT P4 A TRUE COPY OF THE REPLY ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER DATED 26.11.2020 EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 22.12.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 5.1.2021 EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 14940 OF 2020 DATED 14.12.2020 WP(C) No.3397&3447/2021

APPENDIX OF WP(C) 3447/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT NO.KL07030111199/2020 DATED 21.08.2020 ISSUED FROM THE VILLAGE OFFICE, ALANGAD.

EXHIBIT P2 A TRUE COPY OF THE RECEIPT NO.L15/7111/2016 DATED 28.01.2016 ISSUED FROM THE OFFICE THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED FROM THE STATE BANK OF TRAVANCORE DATED 28.01.2016.

EXHIBIT P4 A TRUE COPY OF THE REPLY DATED 23.09.2020 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P5 A TRUE COPY OF THE REPLY ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER DATED 26.11.2020. EXHIBIT P6 A TRUE COPY THE REPLY DATED 22.12.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P7 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26.12.2020.

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) N0.14940 OF 2020 DATED 14.12.2020.

Exhibit P9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.8121 OF 2021 DATED 23/04/2021.