Kerala High Court
Unnikrishnan vs The Revenue Divisional Officer on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
WP(C) NO. 36735 OF 2022
PETITIONER
UNNIKRISHNAN
AGED 57 YEARS
S/O. VASU, KIZHAKKE HOUSE, CADATE AVENUE, AMBATTUPALAYAM,
CHITTUR COLLEGE POST, PALAKKAD DISTRICT-678104.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
GENTLE C.D.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
V.H.ROAD, PALAKKAD-678001.
2 VILLAGE OFFICER,
POLPULLY VILLAGE, POLPULLY, PALAKKAD DISTRICT-678552.
3 POLPULLY GRAMAPANCHAYATH,
POLPULLY, PALAKKAD DISTRICT-678552,
REPRESENTED BY THE SECRETARY.
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
1ST FLOOR, NEAR LEGISLATIVE ASSEMBLY, VIKAS BHAVAN,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS DIRECTOR.
5 THE DISTRICT COLLECTOR, CIVIL STATION
PALAKKAD
ADDL R5 IS IMPLEADED AS PER ORDER DATED 22.12.2022 IN
I.A.NO.1 OF 2022
SRI.VISHNU S. (SC) -R4
SMT.VIDAY KURIAKOSE -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.36735 OF 2022
2
JUDGMENT
Dated this the 22nd day of December, 2022
The petitioner, who is owner and occupier of 0.1711 Ares
of property in Re-Survey Nos.547/16 and 548/8 of Polpully
Village in Palakkad District, is aggrieved by Ext.P5 order.
2. The petitioner states that his land was recorded as
'Nilam' in Revenue records. As the petitioner wanted to use
the land for other purposes, an application was submitted
under Form-6 invoking Rule 12(1) of the Kerala Conservation
of Paddy Land and Wetland Rules, 2008. The petitioner's
application stands rejected by Ext.P5 order of the Revenue
Divisional Officer, Palakkad.
3. The petitioner states that aggrieved by Ext.P5
order, he has preferred Ext.P8 appeal before the District
Collector, Palakkad. Unless the appeal is considered and
favourable orders are passed, the petitioner will be put to
hardship, contends the petitioner.
WP(C) NO.36735 OF 2022
4. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1,
2 and additional 5th respondent and the learned Standing
Counsel representing the 4th respondent. In view of the nature
of reliefs being granted in the writ petition, notice to the 3 rd
respondent is dispensed with.
5. As the petitioner has invoked a statutory remedy
under the Kerala Conservation of Paddy Land and Wetland
Act, 2008, in preferring Ext.P8 appeal, it will be only in fitness
of things that a direction is given to the District Collector to
pass orders on Ext.P8.
The writ petition is therefore disposed of directing the 5 th
respondent-District Collector to consider Ext.P8 appeal and
pass appropriate orders thereon, within a period of two
months.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.36735 OF 2022
APPENDIX OF WP(C) 36735/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 12.7.2021 ISSUED BY THE VILLAGE
OFFICER, POLPULLY VILLAGE IN THE NAME
OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 18.6.2021 ISSUED BY THE VILLAGE
OFFICER, POLPULLY VILLAGE IN THE NAME
OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
23.6.2022 FILED BY THE PETITIONER IN
FORM-6 BEFORE THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 21.10.2019 ISSUED BY THE
GOVERNMENT OF KERALA EVIDENCING REMOVAL
OF ENTRY OF THE LAND MENTIONED IN
EXHIBIT P1 FROM THE DATA BANK.
Exhibit P5 TRUE COPY OF THE ORDER DATED 3.9.2022
OF THE 1ST RESPONDENT REJECTING EXHIBIT
P3 APPLICATION FOR RECLASSIFICATION.
Exhibit P6 TRUE EXTRACT OF THE PROCEDURE FOR
GETTING SATELLITE DATA INFORMATION AND
REPORT FROM 4TH RESPONDENT DATED NIL.
Exhibit P7 TRUE COPY OF THE JUDGMENT MADE IN WP(C)
NO.30727/2022 BY THIS HON'BLE COURT ON
19.10.2022.
Exhibit P8 TRUE COPY OF THE MEMORANDUM OF APPEAL
DATED 21/11/2022 FILED BY THE
PETITIONER BEFORE THE DISTRICT
COLLECTOR, PALAKKAD.
