Abdul Azeez K vs Revenue Divisional Officer
2022 Latest Caselaw 9981 Ker

WP(C) NO. 20567 OF 2022            1



                 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. 20567 OF 2022
PETITIONER/S:
          ABDUL AZEEZ K.,
          AGED 44 YEARS
          KARUTHEDATH HOUSE, KOTTOOR, INDIANOOR, MALAPPURAM-
          676 503.

               BY ADVS.
               AUGUSTINE JOSEPH
               TONY AUGUSTINE


RESPONDENT/S:
     1    REVENUE DIVISIONAL OFFICER,
          TIRUR, MALAPPURAM-676 101.

      2        THE DISTRICT COLLECTOR,
               CIVIL STATION, DOWN HILL, MALAPPURAM-676 519.

      3        THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
               CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY
               LAND AND WET LAND ACT, 2008, REPRESENTED BY THE
               REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM-676
               101.

      4        THE LOCAL LEVEL MONITORING COMMITTEE,
               CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY
               LAND AND WET LAND ACT, 2008, REPRESENTED BY ITS
               CONVENER, AGRICULTURAL OFFICER, KOTTAKKAL,
               MALAPPURAM-676 501.

      5        THE AGRICULTURAL OFFICER,
 WP(C) NO. 20567 OF 2022           2


               KRISHI BHAVAN, KOTTAKKAL, MALAPPURAM-676 501.

      6        THE DIRECTOR,
               KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
               VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.

               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. 20567 OF 2022               3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C) No.20567 of 2022
                    --------------------------------------
               Dated this the 31st day of August, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"i. Call for the records relating to Ext.P8. ii. Issue a writ of certiorari to quash Ext.P8. iii. Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to conduct a physical inspection of land and reconsider Ext.P8 order. iv. Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to take appropriate action for removal of land of the petitioner from data bank as applied in Ext.P7 application and grant permission to construct a residential building in the property. v. Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to change the category of land of the petitioner in the revenue records. vi. Issue such other writs, orders, directions including

interim orders deem fit in the circumstances of the case. vii. Allow this writ petition with costs." [SIC]

2. The petitioner is challenging Ext.P8 order passed in

a Form-5 application filed as per Kerala Conservation of Paddy

Land and Wetland Rules. The grievance of the petitioner is that

the Revenue Divisional Officer without inspecting the property

passed Ext.P8 order.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. A perusal of Ext.P8 order would show that the

Revenue Divisional Officer inspected the property before

passing the order. The counsel for the petitioner also

submitted that the KSREC report is not properly considered by

the Revenue Divisional Officer. If that is the case, the matter

can be send back to the Revenue Divisional Officer for

reconsideration after giving an opportunity of hearing to the

petitioner and to inspect the property with notice to the

petitioner.

Therefore, this writ petition is allowed in the following

manner :

1) Ext.P8 is set aside.

2) The 1st respondent is directed to inspect the property with

notice to the petitioner and thereafter consider the Form-

5 application after giving an opportunity of hearing to the

petitioner as expeditiously as possible, at any rate, within

three months from the date of receipt of a copy of this

judgment.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 20567/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE LAND DATED 23.9.2020 ISSUED FROM THE VILLAGE OFFICER, KOTTAKKAL TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT OF THE SAID PROPERTY DATED 19.5.2020 FROM THE VILLAGE OFFICER, KOTTAKKAL.

Exhibit P3 TRUE COPY OF THE LETTER DATED 24.9.2016 FROM THE VILLAGE OFFICER, KOLLAKKAL .

Exhibit P4 TRUE COPY OF THE LETTER DATED 05.01.2019 FROM THE MUNICIPALITY OF KOTTAKKAL.

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 26.10.2016 FROM THE VILLAGE OFFICER, KOTTAKKAL.,

Exhibit P6 TRÚE COPY OF THE GOVERNMENT ORDER DATED 25.02.2021.

Exhibit P7 TRUE COPY OF THE APPLICATION DATED 6.7.2021.

Exhibit P8 TRUE COPY OF THE ORDER DATED 4.4.2022 OF THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE SATELLITE MAP AND REMOTE SENSE REPORT ALONG WITH THE COVER LETTER DATED 21.5.2022 FROM THE 5TH RESPONDENT.