C.Somarajan vs The District Collector
2022 Latest Caselaw 8536 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 21114 OF 2022
PETITIONER:

              C.SOMARAJAN
              KURITHADIYIL HOUSE, KOMALLOOR MURI,
              CHUNAKKARA VILLAGE, MAVELIKKARA TALUK
              REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
              SUNIL CHANDRAN, KALLIYANI NILAYAM, EAST OTHERA,
              ERAVIPEROOR, THIRUVALLA - 689 546.
              BY ADVS.
              T.P.PRADEEP
              MINIKUMARY M.V.
              P.K.SATHEES KUMAR
              R.K.PRASANTH


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, ALAPPUZHA, PIN - 688 001.
     2        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, CHENGANNUR, PIN - 689 121.
     3        THE LOCAL LEVEL MONITORING COMMITTEE
              REPRESENTED BY ITS CONVENER,
              KRISHI BHAVAN, KAYAMKULAM,
              ALAPPUZHA DIST., PIN - 690 502.
     4        THE PRINCIPAL SECRETARY
              AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695 001.


              SRI.SYAMANTHAK B S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21114 OF 2022

                                2




                             JUDGMENT

Dated this the 6th day of July, 2022

The petitioner, who has purchased 26.20 Ares, 23.55 Ares,

24.90 Ares and 21.50 Ares of property comprised in Survey

Nos.217/25, 217/26, 217/27 and 217/1 respectively in

Puthuppally Village, has approached this Court seeking to direct

the 4th respondent to dispose of Ext.P3 Revision Petition within

a time frame.

2. The petitioner states that the land possessed by the

petitioner is not suitable for paddy cultivation. It was converted

before the commencement of the Kerala Conservation of Paddy

Land and Wetland Act, 2008. There are standing trees more

than 25 year old, situated in the land. However, the land was

mistakenly entered in the Data Bank by the Local Level

Monitoring Committee.

3. The petitioner wanted to develop the land. When the

work was going on, the District Collector issued Ext.P2 WP(C) NO. 21114 OF 2022

proceedings dated 12.12.2017 alleging that the petitioner is

illegally converting paddy land in violation of the provisions

contained in the Kerala Conservation of Paddy Land and

Wetland Act, 2008 and directed the petitioner to restore the

paddy land to its original position within 30 days.

4. The petitioner states that the land in question was

not paddy land and the petitioner has filed Ext.P3 Revision

Petition invoking the provisions of Section 28 of the Kerala

Conservation of Paddy Land and Wetland Act, 2008. If the

respondents resort to coercive proceedings before the

revisional authority passes orders on Ext.P3, the petitioner will

be put to irreparable loss and injury.

5. Government Pleader entered appearance and

opposed the writ petition. The Government Pleader denied all

the material allegations made by the petitioner in the writ

petition. It is, however, submitted that if the petitioner has filed

Ext.P3 Revision Petition before the revisional authority, the

same being a statutory Revision Petition, it can be considered WP(C) NO. 21114 OF 2022

in accordance with law.

In that view of the matter, the writ petition is disposed of

directing the 4th respondent to consider Ext.P3 Revision Petition

filed by the petitioner under Section 28 of the Kerala

Conservation of Paddy Land and Wetland Act, 2008, if the

same is received supported by all requisite documents, and to

pass appropriate orders thereon, within a period of three

months. Pending disposal of the Revision Petition, the parties

shall maintain status quo with respect to the property involved in

the writ petition. The petitioner will be at liberty to approach the

authorities for removal of land from Data Bank, if the application

is otherwise permissible.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 21114 OF 2022

APPENDIX OF WP(C) 21114/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PUTHUPPALLY.

Exhibit P1A TRUE COPY OF THE PHOTOGRAPHS OF THE LAND.

Exhibit P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12/12/2017.

Exhibit P3 TRUE COPY OF THE REVISION PETITION DATED 15/03/2022 SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 15/03/2022.

RESPONDENT'S/S EXHIBITS : NIL