Kerala High Court
N.R Johnson vs Np.George on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
RP NO. 284 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 36691/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/4TH RESPONDENT :-
N.R JOHNSON, AGED 51 YEARS
S/O RAPHAEL, NAMBIATTUKUDY HOUSE, ANGAMALY P.O,
ERNAKULAM, PIN - 683572
BY ADV MEREENA.J.JOSEPH
RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 3 :-
1 NP.GEORGE
NAMBIYATTUKUDY HOUSE, RAYONPURAM PO VALLAM,
PERUMBAVOOR -, PIN - 683542
2 TREESA GEORGE
NAMBIYATTUKUDY HOUSE, RAYONPURAM PO, VALLAM,
PERUMBAVOOR, PIN - 683542
3 ROBIN GEORGE
NAMBIYAITUKUDY HOUSE, RAYONPURAM PO, VALLAM,
PERUMBAVOOR,, PIN - 683542
4 ROY GEORGE
NAMBIYATTUKUDY HOUSE, RAYONPURAM PO, VALLAM,
PERUMBAVOOR,, PIN - 683542
5 NP ANTONY
NAMBIYATTUKUDY HOUSE, OKKAL PO, THANNIPUZHA,
PERUMBAVOOR -, PIN - 683550
6 LIGI ANTONY
NAMBIYATTUKUDY HOUSE, OKKAL PO, THANNIPUZHA,
PERUMBAVOOR-, PIN - 683550
7 SHA]U P FRANCIS
PAYYAPPAILIL HOUSE, KORAITY PO,
TRISSUR -, PIN - 680308
RP NO. 284 OF 2023
2
8 DEEPAK ]OSE
NAMBIYATTUKUDY HOUSE, CHELAMATTOM OKKAL PO
PERUMBAVOOR, PIN - 683550
9 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695001
10 THE DISTRICT COLLECTOR
ERNAKULAM CIVIL STATION,
KAKKANAD, PIN - 682030
11 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE
REVENUE DIVISIONAL OFFICER, PATTIMATTOM -
MOOVATTUPUZHA ROAD, MOOVATTYUPUZHA, PIN - 686673
BY ADV E.K.NANDAKUMAR (SR.)
ADV.K.JOHN MATHAI
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP NO. 284 OF 2023
3
ORDER
Dated this the 12th Day of April, 2023
The writ petitioners filed W.P.(C) No.36691 of 2022
aggrieved by a restoration order passed by the Revenue
Divisional Officer under the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The writ petition was disposed of with
the following directions :-
"In the circumstances, the writ petition is disposed of directing the
2nd respondent-District Collector to defer implementation of
Ext.P5 till a decision is taken by the District Collector on the
appeal preferred by the petitioners. The District Collector shall
take a decision on the appeal within a period of two months. In
the meanwhile, the petitioner will be at liberty to invoke Section 28
of the Kerala Conservation of Paddy Land and Wetland Act
against Ext.P5. The petitioner shall maintain status quo as
regards the nature of the land till the District Collector takes a
decision on the appeal."
The 4th respondent in this writ petition has filed this review petition
alleging errors apparent on the face of the records.
2. The crux of the arguments of the 4 th respondent is that,
against the order of the Revenue Divisional Officer, the matter
was taken up before the Government and the Government has
directed the Revenue Divisional Officer to consider the matter
RP NO. 284 OF 2023
afresh. The District Collector was directed to supervise such
reconsideration. The relevant portion of Ext.P2 reads as follows :-
"In the circumstances, it is ordered that the status of all the
survey numbers as specifically mentioned in the order of the
Revenue Divisional Officer read as 1st paper above, should
be cross checked and verified with the satellite data available
with the Kerala State Remote Sensing and Environment
Centre as on the date of the enactment of ACT 28 of 2008
and the proceedings of the Revenue Divisional Officer should
be reviewed accordingly. If any parcel/ stretch of land under
any survey number is found to be reclaimed in violation of the
provisions of the Act, institute measures as empowered
under section 13 of the Act. Once the process is completed,
a detailed report with substantiating satellite data in each of
the survey number should be furnished to the Government.
Any lapses, latches and misinterpretation should be viewed
seriously and the responsible will be held personally. In the
process of review, the views of the Agricultural officer and
Village officer should be obtained. The Agricultural officer
should verify all the records available with them including the
subsidy disbursed to the farmers to ascertain the status of
land in addition to the satellite pictures. The entire review
process should be completed under the stringent supervision
of the District Collector. The process should be completed
within 06 months."
3. The contention of the review petitioner is that since the
review is conducted under the stringent supervision of the District
Collector as directed by the Government, the same District
Collector cannot sit in appeal over the decision taken by the
Revenue Divisional Officer.
4. I have heard the learned counsel for the review
RP NO. 284 OF 2023
petitioner and the counsel appearing for respondents 1 to 8. I
have also heard the learned Government Pleader representing
respondents 9 to 11.
5. The learned Government Pleader on instructions would
submit that pursuant to the directions of this Court in W.P.(C)
No.36691 of 2022, the District Collector has already passed an
order in the appeal preferred by the writ petitioners.
6. Since the judgment in W.P.(C) No.36691 of 2022 has
been worked out as the District Collector, who is the appellate
authority has passed an order in the appeal preferred by the
petitioners, I do not think that this review petition should be
proceeded with.
The review petition is accordingly disposed of granting
liberty to the petitioner to challenge the order now passed by the
District Collector, if the said order goes against the interest of the
review petitioner.
Sd/-
N.NAGARESH
SMA JUDGE
RP NO. 284 OF 2023
APPENDIX OF RP 284/2023
PETITIONER ANNEXURES :-
Annexure R4(a) TRUE PHOTOCOPY OF THE MASS PETITION
PREFERRED BY THIS REVIEW PETITIONER AND
OTHER FARMERS OF THE AREA BEFORE THE
DISTRICT COLLECTOR ERNAKULAM DATED
10/05/2016
Annexure R4(b) TRUE COPY OF THE TAX RECEIPT IN RESPECT
OF THE PROPERTY OF THE REVIEW PETITIONER
COVERED BY VARIOUS SY.NO. OF KOOVAPPADY
VILLAGE DATED 23/11/2020
Annexure R4(c) TRUE COPY OF THE TAX RECEIPT IN RESPECT
OF THE PROPERTY OF THE REVIEW PETITIONER
COVERED BY VARIOUS SY.NO OF KOOVAPPADY
VILLAGE DATED 6/1/2021
Annexure R4(d) TRUE COPY OF THE TAX RECEIPT IN RESPECT
OF THE PROPERTY OF THE REVIEW PETITIONER
COVERED BY VARIOUS SY.NO OF KOOVAPPADY
VILLAGE DATED 6/1/2021
Annexure R4(e) TRUE COPY OF THE TAX RECEIPT IN RESPECT
OF THE PROPERTY OF THE REVIEW PETITIONER
COVERED BY VARIOUS SY.NO OF KOOVAPPADY
VILLAGE DATED 15/01/2021
Annexure R4(f) A TRUE COPY OF THE PROCEEDINGS A2-
4201 /16 OF THE SECRETARY OF OKKAL GRAMA
PANCHAYATH DATED 17.11.2016
Annexure R4(g) A TRUE COPY OF THE ORDER ISSUED BY THE
PRINCIPAL SECRETARY TO THE GOVERNOR
DATED 24.07.2017
Annexure R4(h) TRUE PHOTOCOPY OF THE COMPLAINT
PREFERRED BY THE REVIEW PETITIONER
BEFORE THE 3RD RESPONDENT DATED 04- 12-
RP NO. 284 OF 2023
Annexure R4(i) TRUE PHOTOCOPY OF THE REPORT GIVEN BY
THE VILLAGE OFFICER KOOVAPPADY BEFORE
THE 2ND RESPONDENT DATED 14-10-2020
Annexure R4(j) TRUE PHOTOCOPY OF THE INTIMATION GIVEN
BY THE OFFICE OF THE VILLAGE OFFICER TO
THE TAHSILDAR DATED 08-12-2020
Annexure R4(k) TRUE PHOTOCOPY OF THE ORDER BEARING
REFERENCE NO.L17-66004/13 ISSUED BY 2ND
RESPONDENT DISTRICT COLLECTOR IN THE
STAY PETITION IN APPEAL, DATED 04-01-
Annexure R4(l) TRUE PHOTOCOPY OF THE ORDER IN APPEAL
PREFERRED BY THE 2ND RESPONDENT DATED
21-01-2021 BEARING REFERENCE NO. L17-
66004/16
Annexure R4(m) TRUE PHOTOCOPY OF THE REPORT OF THE
REVENUE VIGILANCE DEPUTY COLLECTOR DATED
2-12-2022
Annexure R4(n) TRUE PHOTOCOPY OF THE COMMUNICATION
ISSUED FROM THE OFFLCE OF THE RDO TO THE
REVIEW PETITIONER DATED 17-1-2023
