Kerala High Court
Markazu Ssaquafathi Ssunniyya vs State Of Kerala on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 22613 OF 2022
PETITIONER:
MARKAZU SSAQUAFATHI SSUNNIYYA
REG.NO.134/82 UNDER SOCIETIES REGISTRATION ACT 1860,
P.O.KARANTHUR, KOZHIKODE -673571, REPRESENTED BY ITS
POWER OF ATTORNEY HOLDER K.T ABDURAHIMAN, AGED 61
YEARS, KALATHINGAL THODI, THENCHARY POST, POOVATHINKAL,
ARECODE, MALAPPURAM DISTRICT - 679 322.
BY ADVS.
RAVI KRISHNAN
K.VINAYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SUB COLLECTOR & REVENUE DIVISIONAL OFFICER,
MINI CIVIL STATION, PERINTHALMANNA,
MALAPPURAM DISTRICT -679322.
3 THE TAHSILDAR,
ERANAD TALUK, MALAPPURAM DISTRICT- 676517.
4 THE VILLAGE OFFICER,
PERAKAMANNA VILLAGE, PERAKAMANNA P.O.,
MALAPPURAM DISTRICT - 676541.
5 AGRICULTURE OFFICER,
KRISHI BHAVAN, EDAVANNA P.O,
MALAPPURAM DISTRICT -676541.
SRI.ASHWIN SETHUMADHAVAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22613 OF 2022
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 22613 of 2022
----------------------------------------------
Dated this the 31st day of August, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Call for the records leading to Ext.P10 and
quash the same finding that the same is illegal.
(ii) Declare that the property of the petitioner
lying in Survey No.233/2-12 in Block No.70,
Perakamanna Village in Ernad Taluk in Malappuram
District is not a paddy land.
(iii) issue a writ of mandamus or other
appropriate writ, order or direction, directing the 2 nd
respondent to reconsider and pass orders on Exhibit
P8 in Form 5 application filed under the Kerala
Conservation of Paddy Land and Wet Land Act, 2008
to remove the property from the data bank after
affording an opportunity of being heard to the
petitioner, within a time limit fixed by this Hon'ble
Court;
(iv) issue such other appropriate writ, order or
direction which this Hon'ble Court may deem fit in the
circumstances of the case."[SIC]
2. The above writ petition is filed mainly for
WP(C) NO. 22613 OF 2022
challenging the order passed by the 2nd respondent in an
application filed in Form-V of the Kerala Conservation of
Paddy Land and Wet Land Rules. The grievance of the
petitioner is that the finding and observation in the
Kerala State Remote Sensing and Environment Centre
(KSREC) report is not considered by the 2 nd respondent.
The counsel also submitted that, Ext.P6 is the fair value
register prepared by the same officer, who passed
Ext.P10 in which it is stated that the property is a
commercially important plot. The petitioner also relied
on Ext.P12 report of the Village officer dated 06.11.2019
in which it is stated that there are trees aged 10 years
as on that date. Therefore, it is submitted that the
finding in Ext.P10 is unsustainable.
3. Heard counsel appearing for the petitioner
and the learned Government Pleader.
4. This Court perused Exts.P6, P9 and P12. A
perusal of these documents will show that the finding in
Ext.P10 by the 2nd respondent is not correct. The
observation and conclusion in Ext.P9 report is also
WP(C) NO. 22613 OF 2022
relevant in this case. The same is extracted hereunder:
"OBSERVATIONS & CONCLUSION
The analysis has been carried out from all
available data sets of toposheet (1967) and different
satellite data sets of 2006, 2011, 2016 and 2021 for the
survey plot.
As per the toposheet of 1967, the survey plot
233/2-P1 was observed under paddy land. The plot
bordered by a road on west side was observed under
exposed soil in 2006 data. The data of 2011 shows
scattered vegetation with exposed soil. The plot was
observed under scattered mixed vegetation/
plantation/trees in 2016 data. The same landuse
pattern was continued in 2021 data.
As per the toposheet of 1967, the survey plot
233/2-P2 was observed under paddy land. The plot
bordered by a road on west side was observed under
exposed soil with a building/structure towards south
side in 2006 data. The same landuse practices were
continued in the data of 2011. Construction
activities/materials observed in the data of and 2016.
The 2021 data shows additional building/structure
towards north side."
5. In the light of the same, according to me, the
finding in Ext.P10 is unsustainable. The learned
Government Pleader submitted that, some of the
documents produced in this writ petition were not
WP(C) NO. 22613 OF 2022
produced before the 2nd respondent while considering the
matter. The petitioner is free to produce the same
before the 2nd respondent. The 2nd respondent has to
reconsider the matter in the light of the above
documents.
Therefore, this writ petition is allowed in the
following manner:
i. Ext.P10 is set aside.
ii. The 2nd respondent is directed to reconsider
the matter in the light of Exts.P6 and P12, as
expeditiously as possible, at any rate, within a period
of three months from the date of receipt of a copy of
this judgment.
iii. Before passing final orders, an opportunity
of hearing should be given to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 22613 OF 2022
APPENDIX OF WP(C) 22613/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS OF THE
PROPERTY.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF
TITLE DEED DATED 19.4.2006.
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED
16.9.2021.
EXHIBIT P4 A TRUE COPY OF THE ROUGH SKETCH OF
THE PROPERTY COMPRISED IN SY NO.
233/2 OF PERAKAMANNA VILLAGE.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED
8.6.2012 ISSUED BY EDAVANNA GRAMA
PANCHAYAT.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF
FAIR VALUE NOTIFICATION IN RESPECT OF
SY NO. 233/2 OF EDAVANNA VILLAGE.
EXHIBIT P7 A TRUE COPY OF RELEVANT PAGE OF THE
DATA BANK.
EXHIBIT P8 A TRUE COPY OF THE APPLICATION IN
FORM 5 DATED NIL SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE KSREC REPORT
ISSUED BY DIRECTOR, KSREC DATED
24.2.2022.
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED
4.6.2022 ISSUED BY THE SUB COLLECTOR
PERINTHALMANNA.
EXHIBIT P11 TRUE COPY OF THE REPORT DATED
2.9.2019 OF THE VILLAGE OFFICER
PERAKAMANNA.
EXHIBIT P12 TRUE COPY OF THE REPORT DATED
6.11.2019 OF THE VILLAGE OFFICER
PERAKAMANNA.
WP(C) NO. 22613 OF 2022
EXHIBIT P13 A TRUE COPY OF THE RELEVANT PAGES OF
POWER OF ATTORNEY DATED 3.7.2022.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
