Kerala High Court
Muraleedharan T.K vs The District Collector on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
WP(C) NO. 1320 OF 2023
PETITIONERS:
1 MURALEEDHARAN T.K.,
AGED 60 YEARS,
S/O. DAMODARAN NAMBEESHAN,
GOKULAM, THEKKETHARA,
AKATHETHARA, PALAKKAD TALUK,
PALAKKAD DISTRICT, PIN - 678008
2 SAVITHRI P.A.,
AGED 56 YEARS,
W/O. MURALEEDHARAN,
T.K., GOKULAM, THEKKETHARA,
AKATHETHARA, PALAKKAD TALUK,
PALAKKAD DISTRICT, PIN - 678008
3 N.K. VASU PANICKAR,
AGED 76 YEARS,
S/O. K.P.B. PANICKAR,
FLAT NO.15, CANARA APARTMENT,
ROHINI SECTOR - 13,
NEW DELHI, PIN - 110085
BY ADVS.
DHANYA P.ASHOKAN
M.R.VENUGOPAL
S. MUHAMMAD ALIKHAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN - 678001
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
PALAKKAD, PIN - 678001
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, AKATHETHARA P.O.,
PALAKKAD, PIN - 678008
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, AKATHETHARA P.O.,
PALAKKAD, PIN - 678008
BY SMT. RESHMI K.M.,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1320 of 2023
:2:
JUDGMENT
Dated this the 7th day of August, 2023
The 1st and 2nd petitioners, who are owners of 1.27 and
1.56 Ares of land respectively in Akathethara Village of
Palakkad Taluk in Palakkad District, are before this Court
aggrieved by Ext.P6 order of the 1 st respondent and seeking
to declare that the land of the petitioners comprised in
Exts.P1 and P2 are liable to be removed from Data Bank in
the light of Ext.P4 order passed by the Revenue Divisional
Officer.
2. The petitioners state that the petitioners' land was
included in Data Bank of paddy land and wetland prepared
under Section 5(4)(i) of the Kerala Conservation of Paddy
Land and Wetland Act, 2008. The land according to the
petitioners was lying in the nature of 'purayidom'. The
petitioners wanted to use the land for other purposes.
W.P.(C) No.1320 of 2023
Accordingly, the 3rd petitioner, the predecessor-in-interest of
the land, filed an application invoking Rule 4(4D) in Form-5.
3. The 3rd petitioner's Form-5 application was
rejected by the Revenue Divisional Officer as per Ext.P3
proceedings dated 17.02.2022. The petitioners would submit
that aggrieved by Ext.P3 proceedings, the 3 rd petitioner
approached the District Collector filing appeal. The District
Collector required the Revenue Divisional Officer to
reconsider the matter. Thereafter, the Revenue Divisional
Officer has passed Ext.P4 order dated 09.06.2022. The
Revenue Divisional Officer directed that the land of the
3rd petitioner be removed from the Data Bank as the land is
not found fit for paddy cultivation.
4. Thereafter, the petitioners approached the
Akathethara Grama Panchayat and obtained Ext.P5 Building
Permit. When the petitioners were proceeding with the
construction, as a bolt from the blue, the District Collector
has issued Ext.P6 order stating that the Revenue Divisional
Officer has no power to review his own order and hence
W.P.(C) No.1320 of 2023
Ext.P4 order is set aside. The petitioners state that once the
competent authority has removed the land from Data Bank
based on which the petitioners have changed their position,
an order in the nature of Ext.P6 cannot be passed, that too
without hearing the petitioners.
5. Senior Government Pleader entered appearance
and resisted the writ petition as follows. The Senior
Government Pleader submitted that the 3 rd petitioner filed
Form-5 application for excluding his land from the Data Bank.
The application was dismissed by the 2 nd respondent as per
Ext.P1 finding that the property was not converted before
2008 and that the land is lying as fallow and the nearby
properties are also fallow lands.
6. The 3rd petitioner after dismissal of his Form 5
application as per Ext.P1 submitted a representation stating
that he filed an application before the 2 nd respondent for
constructing a residential house for his own purpose and the
aforesaid application was dismissed after conducting a site
inspection. He requested to reconsider his application and to
W.P.(C) No.1320 of 2023
remove the land from the Data Bank. Since Ext.R1(a)
representation was filed by the 3 rd petitioner without any
Annexures, it was forwarded to the 2 nd respondent for
examination.
7. As per the provisions of the Kerala Conservation
of Paddy Land and Wetland Act, 2008 there is no provision to
review or Appeal against the order passed by the Revenue
Divisional Officer in Form 5 application. Ext.P4 order passed
by the 2nd respondent was without any authority. The
2nd respondent cannot review his own orders in Form 5
application as per the provisions of the Kerala Conservation
of Paddy Land and Wetland Act, 2008. The aforesaid
irregular proceedings were noticed during the internal Audit
conducted in the office of the 2 nd respondent. Since Ext.P4
order by which Ext.P1 order has been reviewed by the
2nd respondent was without any statutory authority, it is
decided to cancel Ext.P4 order by Ext.P6. Ext.P6 order was
passed after affording an opportunity of hearing to the
petitioners.
W.P.(C) No.1320 of 2023
8. It is incorrect to say that the 1 st respondent has
forwarded Ext.R1(a) representation to the 2 nd respondent for
reconsideration. The 1st respondent only directed the
2nd respondent to examine under which circumstances the
3rd petitioner's application was rejected, urged the Senior
Government Pleader.
9. I have heard the learned counsel for the
petitioners and the learned Senior Government Pleader
representing the respondents.
10. From the pleadings it is evident that the
3rd petitioner was issued with Ext.P3 order initially whereby
the 3rd petitioner's application for removal of the land from
Data Bank was rejected. Aggrieved by the same, the
3rd petitioner approached the District Collector. The District
Collector has directed the Revenue Divisional Officer to
re-examine the issue. The counsel for the petitioners would
urge that it was allowing an appeal filed by the 3rd petitioner
that the District Collector ordered reconsideration. The
Senior Government Pleader, however, would contend that
W.P.(C) No.1320 of 2023
there was no such direction for reconsideration but the
District Collector only required the Revenue Divisional Officer
to re-examine the matter.
11. I find that pursuant to such direction by the District
Collector, the Revenue Divisional Officer reconsidered the
matter and has passed Ext.P4 order. In Ext.P4, the Revenue
Divisional Officer found that there are no cultivating paddy
land anywhere near the property of the petitioners. All the
nearby lands are uncultivated. Moreover, the property of the
petitioners forms part of a larger lay out of residential plots.
12. The Revenue Divisional Officer further found that
the land is not fit for agriculture. It was on these premises
that Ext.P4 has been issued. Once the competent authority
has passed Ext.P4 order, that too on the basis of a direction
from the District Collector and once the petitioners relying on
Ext.P4, have obtained Building Permit and proceeded with
the construction, the District Collector ought not have
cancelled the order of the Revenue Divisional Officer as per
Ext.P6 and that too without notice to the petitioners. The
W.P.(C) No.1320 of 2023
action of the District Collector is in violation of the principles
of natural justice. Ext.P6 is therefore set aside. It is made
clear that this judgment is delivered in the peculiar and
special circumstances of the case.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH
JUDGE
sss
W.P.(C) No.1320 of 2023
APPENDIX OF WP(C) 1320/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TITLE DEED DATED
16/07/2022 OF THE SUB REGISTRAR
OFFICE, OLAVAKKODE.
EXHIBIT P2 TRUE COPY OF THE TITLE DEED DATED
16/07/2022 OF THE SUB REGISTRAR
OFFICE, OLAVAKKODE.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
17/02/2022 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER NO. RDO
PKD/5064/2021-J3 DATED 09/06/2022 OF
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT NO.
A4-BA (251097) 2022 DATED 30/07/2022
ISSUED BY THE SECRETARY, AKATHETHARA
GRAMA PANCHAYATH.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED
29/11/2022 OF THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE STOP MEMO DATED
20/12/2022 NUMBERED AS 212/22 ISSUED
BY THE 4TH RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE REPRESENTATION
SUBMITED BY THE THIRD PETITIONER
BEFORE THE SECOND RESPONDENT.
