Kerala High Court
Aboobacker vs The Revenue Divisional Officer - ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 42098 OF 2022
PETITIONER:
ABOOBACKER
AGED 71 YEARS
S/O POKKAR,
RESIDING AT MUDAYAM PILAKKAL HOUSE,
PALATHINGAL, PANTHARANAGDI P.O.,
MALAPPURAM, PIN - 676306
BY ADVS.
P.M.MANOJ
HAMZATH ALI V.K.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN - 676101
2 THE VILLAGE OFFICER
TIRURANGADI VILLAGE, MALAPPURAM, PIN - 676306
3 THE AGRICULTURE OFFICER
KRISHI BHAVAN TIRURANGADI,
MALAPPURAM, PIN - 676306
*4 THE DISTRICT COLLECTOR
COLLECTRATE, UP HILL,
MALAPPURAM, PIN - 676505
[ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
17.01.2023 IN I.A. NO.1 OF 2023]
BY ADVS.
GOVERNMENT PLEADER
P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.42098 of 2022
:2 :
JUDGMENT
Dated this the 17th day of January, 2023
The petitioner is owner of 7.99 Ares of property in
Re-Survey No.23/5-2 of Tirurangadi Village, Tirurangadi Taluk
in Malappuram District.
2. The petitioner states that his land is described as
paddy land in Revenue records. The petitioner wanted to use
the land for other purposes. The petitioner therefore invoked
the provisions contained in the Kerala Conservation of Paddy
Land and Wetland Act, 2008 and submitted application to
change the nature of land in Revenue records. The
application submitted by the petitioner stands rejected as per
Ext.P5 order.
3. Aggrieved by Ext.P5 order dated 12.09.2022 of the
Revenue Divisional Officer, the petitioner has preferred Ext.P6
appeal before the District Collector.
WP(C) No.42098 of 2022
4. The petitioner states that the Village Officer has
given Ext.P4 report wherein the Village Officer has made
recommendations in favour of the petitioner to change the
nature of the land in Revenue records. Had the Revenue
Divisional Officer considered Ext.P4 report properly, the
Revenue Divisional Officer would have allowed the
application.
5. Senior Government Pleader entered appearance
and resisted the writ petition. The Senior Government Pleader
submitted that since the petitioner has invoked an alternate
remedy by way of appeal, it will be only just and proper that
the appeal is decided by the Competent Appellate Authority.
6. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing the
respondents.
7. The petitioner has now invoked the appellate
remedy under Section 27B of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 against Ext.P5 order
passed by the Revenue Divisional Officer. Since the petitioner
WP(C) No.42098 of 2022
has invoked his statutory remedy, it is only just and proper that
the matter be decided by the competent statutory Appellate
Authority.
The writ petition is disposed of directing the additional
4th respondent-District Collector to consider and pass orders
on merits on Ext.P6 appeal preferred by the petitioner, within a
period of two months. While considering the appeal, the
Appellate Authority shall advert to the reports submitted by the
Village Officer.
Sd/-
N. NAGARESH
JUDGE
sss
WP(C) No.42098 of 2022
APPENDIX OF WP(C) 42098/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT
HAVING RECEIPT NO. KL10061509405/2022
DATED 18.07.2022
EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY TAKEN ON 11.12.2022
EXHIBIT P3 A TRUE COPY OF THE FORM 6 APPLICATION
UNDER RULE 12 (1) DATED 08.04.2020
EXHIBIT P4 A TRUE COPY OF THE REPORT ISSUED BY THE
2ND RESPONDENT HAVING NO. 109/2021
DATED 29.06.2021 ALONG WITH PROFORMA
APPENDED TO THE REPORT
EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS OF THE
1ST RESPONDENT, RDO HAVING NO.
RDOTIR/2731/2021-F2 DATED 12.09.2022
EXHIBIT P6 A TRUE COPY OF THE APPEAL BEFORE THE
DISTRICT COLLECTOR - MALAPPURAM,
ADDITIONAL 4TH RESPONDENT
