Kerala High Court
The Revenue Divisional ... vs Abdul Azeez on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 16th day of February 2022 / 27th Magha, 1943
WA NO. 47 OF 2022
AGAINST JUDGMENT DATED 10/03/2020 IN WP(C) 7142/2020 OF THIS COURT.
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APPELLANTS/RESPONDENTS 1 TO 5 IN WP(C):
1. THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR, RDO OFFICE,
PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.
2. THE TAHSILDAR (LR), TALUK OFFICE, NILAMBUR P.O., MALAPPURAM
DISTRICT-679 329.
3. THE LOCAL LEVEL MONITORING COMMITTEE, NILAMBUR
MUNICIPALITY,REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHI BHAVAN, NILAMBUR-679 329.
4. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, NILAMBUR, MALAPPURAM-679
329.
5. THE VILLAGE OFFICER, NILAMBUR VILLAGE, NILAMBUR, MALAPPURAM-679 329.
BY SPECIAL GOVERNMENT PLEADER SRI.S.RENJITH
RESPONDENT/PETITIONER IN WP(C):
ABDUL AZEEZ, S/O.MOHAMMED, KOTTAKUTH HOUSE, EDAKARA P.O., NILAMBOOR,
MALAPPURAM DISTRICT-679 331.
BY ADVS.M/S.P.K.SOYUZ & E.V.BABYCHAN.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 10.03.2020 in WP(C)
No.7142/2020 and all further proceedings pursuant thereto, pending
disposal of the Writ Appeal.
This Writ Appeal coming on for admission along with connected case
on 16/02/2022 upon perusing the appeal memorandum, the court on the same
day passed the following:
P.T.O.
EXT.P6:TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.11.17.
EXT.P7:TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.11.17.
ANNEXURE III:TRUE COPY OF THE APPLICATION DATED 31.08.2021
ALONG WITH THE DOCUMENTS PRODUCED BY THE WRIT PETITITONER
BEFORE THE 1ST APPELLANT.
ANNEXURE V:TRUE COPY OF ORDER NO.RDOPTM-1531/2020/M1
DATED 16.09.2021 ISSUED BY THE 1ST APPELLANT.
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.A.Nos.1731 of 2021 & 47 of 2022
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 16th day of February, 2022
ORDER
S.Manikumar, C.J.
Being aggrieved by the directions issued in the judgment
in W.P.(C)Nos.7157 of 2020 and 7142 of 2020 dated 10.02.2020,
instant writ appeals are filed.
2. Inviting the attention of this Court to the entry in
Exhibit P2 in W.P.(C) No.7157 of 2020, Mr.S.Renjith, learned
Special Government Pleader, submitted that the subject land
has been classified as 'nilam'.
3. He further submitted that when an application was filed
by the respondent in W.A.No.1731 of 2021 for construction of
building, the Agricultural Officer, Krishi Bhavan, Nilambur, vide
Exhibit P3 in W.P.(C)No.7157 of 2020, addressed a letter to the
Municipal Engineer, Nilambur Municipality, as regards the
condition of the site. However, decision on the application for
W.A.Nos.1731 of 2021 & 47 of 2022
conversion was taken up and the Local Level Monitoring
Committee, Nilambur, vide Annexure-III dated 19.07.2018,
decided to retain the land of the respondent, as mentioned in
the data bank. Serial No.147 in the minutes refers to the name
of the respondent - Abdul Hameed.
4. According to the learned Special Government Pleader,
when decision of the Local Level Monitoring Committee was
taken on 19.07.2018, for retaining the paddy land in the data
bank, without disclosing the same, a direction has been
obtained in W.P.(C)Nos.7157 of 2020 and 7142 of 2020, to
dispose of Exhibit P4 application in W.P.(C)No.7157 of 2020 and
Exhibits P6 and P7 applications in W.P.(C)No.7142 of 2020, in
the light of the decision in Salim v. State of Kerala reported in
2017 (1) KLT 392 and based on Exhibit P3 report.
5. Learned Special Government Pleader further submitted
that pursuant to the directions issued, the Sub Collector,
Perinthalmanna has passed Annexure-V order dated
W.A.Nos.1731 of 2021 & 47 of 2022
16.09.2021, rejecting the request of the petitioner/respondent
in W.A. No.1731 of 2021, for conversion of the paddy land.
6. According to him, the appellants have acted as per the
provisions of the statute and based on the decisions taken by
the Local Level Monitoring Committee. However, it is pointed
out that Contempt Case (C) Nos. 313 of 2021 and 317 of 2021
have been filed.
7. Per contra, inviting the attention of this Court to the
decision of the Local Level Monitoring Committee dated
10.07.2020, Mr.P.K.Soyuz, learned counsel for the respondents,
submitted that subsequently a decision has been taken
acceding to the request to remove the property from the data
bank. Translated version of Anneuxre -III/17 & 18 enclosed at
page No.73(a) of the paper book indicates that reference has
been made for implementation of the judgment in W.P.
(C)Nos.7142 of 2020 and 7157 of 2020.
W.A.Nos.1731 of 2021 & 47 of 2022
8. Going through the material on record, we are of the
view that the matters require adjudication of the issues raised
and accordingly, we deem it fit to admit the writ appeals.
9. Admit. Contesting respondents have already taken
notice.
10. There shall be a stay of the impugned judgment.
Post after three weeks.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
16-02-2022 /True Copy/ Assistant Registrar
