Lucky Star Arts And Sports Club vs The Revenue Divisional Officer
2022 Latest Caselaw 9706 Ker

W.P.(C) No.28440/2021              1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                        WP(C) NO. 28440 OF 2018
PETITIONER:
           LUCKY STAR ARTS AND SPORTS CLUB
           REG NO. 163/1994, KIZHUR, CHANDRAGIRI, KASARAGOD TALUK,
           KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY
           MUKTHAR M., AGED 33 YEARS, S/O.M.A.MOIDEEN KUNHI,
           RESIDING AT M.A.MANZIL, CHANDRAGIRI P.O., KASARAGOD
           DISTRICT.
           BY ADVS.
           MADHU T.
           SARADAMANI C.R.
RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER
           KASARGOD AT KANHANGAD
     2     THE DISTRICT COLLECTOR
           KASARAGOD, VIDYANAGAR P.O, KASARAGOD DISTRICT, PIN -
           671317
     3     THE VILLAGE OFFICER
           KALANAD VILLAGE, KASARGOD DISTRICT, PIN - 671317
     4     CHEMMANAD GRAMA PANCHAYAT
           KOLIYADUKKAM, KALANAD POST, KASARGOD DISTRICT,
           REPRESENTED BY ITS SECRETARY, PIN - 671317
     5     ADDL.R5 K.S SALI
           AGED 43 YEARS
           S/O SHAFI K.M, KEEZHUR PADINHAR, CHANDRAGIRI P.O.,
           KALANAD VILLAGE, KASARAGOD DISTRICT. (ADDL.R5 IS
           IMPLEADED AS PER ORDER DATED 17/10/2018 IN IA.01/2018)
           BY ADVS.
           R1 TO R3 BY SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER
           R4 BY SRI.SHIRAZ ABDULLA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28440/2021                       2




                                          JUDGMENT

Dated this the 26th day of August, 2022

This writ petition is filed by the petitioner seeking the following reliefs:

(i) Call for the records leading to Exhibit P13 stop memo dated 3/8/2018 issued by the third respondent.

(ii) Issue a writ of certiorari and quash Exhibit P13 stop memo dated 3/8/2018 issued by the respondent, so as to secure the ends of justice. And third

(iii) Such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2.Petitioner is the owner of an extent of 1.11 Ares of landed property , by

virtue of Exhibit P1 sale deed, comprised in Re-Survey No.29/1B, and an extent of

40 Sq.meters of landed property in Re-Survey No.29/1A of Kalanad Village,

Kasaragod District.

3. The case projected by the petitioner is that both the properties are shown

as garden land in the prior title deed but the property having an extent of 1.11

Ares in Re-Survey No.29/1B is shown as paddy field in the Basic Tax Register and

the revenue records .

3. To cut a long story short, petitioner has approached the Revenue

Divisional Officer as per an application dated 6.4.2018 seeking utilisation of the

property for other purposes other than paddy cultivation and agricultural

operations, and the Revenue Divisional Officer apparently exercising the powers

conferred under section 27A of the Kerala Conservation of Paddy Land and Wetland

Act, 2008 has passed Exhibit P10 order permitting the petitioner to utilise the

property for other purposes other than paddy cultivation subject to several

conditions incorporated therein.

4.The grievance highlighted by the petitioner is that, while so, Exhibit P13

stop memo dated 3.8.2018 was issued by the Village Officer, Kalanad directing the

petitioner to stop filling up of the paddy field until further orders from the said

authority. It is thus challenging the legality and correctness of Exhibit P13 stop

memo, this writ petition is filed.

5. I have heard, learned counsel for the petitioner Sri.T.Madhu, learned

Senior Government Pleader Sri.Joby Joseph, learned standing counsel

Sri.M.S.Shiraz Abdulla for the Chemmanad Grama Panchayat and perused the

pleadings and documents on record.

6. Apparently, the Village Officer has issued Exhibit P13 proceedings against

the petitioner on the basis of the power conferred on the Village Officer under

section 12 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The

case put forth by the petitioner is that the Village Officer has no authority to issue

such a notice since the petitioner has secured Exhibit P10 order under section 27A

of the Act, 2008, thus permitting the petitioner to use the paddy field for other

purposes other than paddy cultivation and agricultural operations.

7. Anyhow, whether the petitioner has attempted to fill-up/ develop the

paddy field in question for which permission was granted, or any other paddy field

belonging to him, is a subject matter to be considered by the Village Officer taking

into account various attendant factual circumstances, and the Exhibit P10 order

passed by the Revenue Divisional Officer under the provisions of the Act, 2008.

8. Anyhow this writ petition was pending before this Court from the year

2018 without securing any interim orders. Though a detailed statement is filed for

and on behalf of the official respondents, I need not go into the details of the

same, since I propose to provide an opportunity to the petitioner to participate in

Exhibit P13 stop memo proceedings.

9. Accordingly, this writ petition is disposed of permitting the petitioner to file

suitable objection to Exhibit P13 stop memo along with attendant documents

before the Village Officer, at the earliest, and at any rate, within a month from the

date of receipt of a copy of this judgment, and if any objection is received, the

Village Officer shall consider the same, in accordance with law, at the earliest

within a month from the date of receipt of the objection after providing an

opportunity of hearing to the petitioner. However, I make it clear that if the

petitioner does not file any objection as directed above,

the Village Officer will be at liberty to take further action in accordance with law, in

continuation of Exhibit P13 stop memo.

Sd/-

                                                    SHAJI P.CHALY

smv                                                      JUDGE





                        APPENDIX OF WP(C) 28440/2018

PETITIONER EXHIBITS
EXHIBIT P1              COPY OF THE SALE DEED NO. 3257/2017 DATED 410/2017 OF
                        KASARGOD SRO.
EXHIBIT P2              COPY OF THE SALE DEED BI, 1401/2006 DATED 18/5/2006 OF
                        KASARAGOD SRO
EXHIBIT P3              THE TRUE COPY OF THE BASIC TAX RECEIPT DATED 3/1/2018
                        ISSUED BY THE VILLAGE OFFICER, KALANAD.
EXHIBIT P4              THE TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED

27/9/2017 ISSUED BY THE CHEMMANAD GRAMA PANCHAYAT. EXHIBIT P5 THE TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE CHEMMANAD GRAMA PANCHAYAT DATED 28/9/2017.

EXHIBIT P6 THE TRUE COPY OF THE STOP MEMO DATED 17/1/2018 ISSUED BY THE VILLAGE OFFICER, KALANAD.

EXHIBIT P7 THE TRUE COPY OF THE PROCEEDINGS DATED 8/2/2018 OF THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CHEMMANAD.

EXHIBIT P8 THE TRUE COPY OF THE APPLICATION DATED 6/4/2018 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 4/5/2018 IN W.P.(C) NO. 14875/2018 ON THE FILES OF THIS HON'BLE COURT.

EXHIBIT P10 THE TRUE COPY OF THE PROCEEDINGS DATED 7/7/2018 OF THE FIRST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 3/2/2018 ISSUED BY THE FOURTH RESPONDENT CHEMMANAD GRAMA PANCHAYAT EXHIBIT P12 THE TRUE COPY OF THE RECEIPT DATED 4/5/2018 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P13 THE TRUE COPY OF THE STOP MEMO DATED 3/8/2018 ISSUED BY THE THIRD RESPONDENT.