Muhammed C.K vs The District Collector
2023 Latest Caselaw 1216 Ker

Citation : 2023 Latest Caselaw 1216 Ker
Judgement Date : 18 January, 2023

Kerala High Court

Muhammed C.K vs The District Collector on 18 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                     WP(C) NO. 32291 OF 2022
PETITIONER:

          MUHAMMED C.K.
          AGED 62 YEARS,S/O ISMAIL,
          RESIDING AT CHENGANAKKATTIL,
          THKKANKUTTOOR, VENGALOOR,
          TIRUR TALUK,
          MALAPPURAM DISTRICT,
          PIN-676102.

          BY ADVS.
          J.R.PREM NAVAZ
          SUMEEN S.
          O.MOHAMED BASIL KOYA THANGAL


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, UP HILL,
          MALAPPURAM, MALAPPURAM -676504.

    2     THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION BUILDING,
          CIVIL STATION, TIRUR,
          MALAPPURAM -676101.

    3     THE VILLAGE OFFICER,
          THALAKKAD VILLAGE OFFICE,
          TIRUR, MALAPPURAM -676105.

    4     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER,
          THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, THALAKKAD,
          B.P.ANGADI.P.O, TIRUR TALUK,
          MALAPPURAM -676102.
                                    2

WP(C) No. 32291 of 2022




      5        THALAKKAD GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY,
               THALAKKAD PANCHAYATH OFFICE,
               BP ANGADI,TIRUR, MALAPPURAM -676105.

      6        THE KERALA STATE REMOTE SENSING AND
               ENVIRONMENT CENTRE,
               REPRESENTED BY ITS DIRECTOR,
               "C" BLOCK, VIKAS BHAVAN,
               THIRUVANANTHAPURAM-695033.

      7        THE LAND REVENUE COMMISSIONER
               THIRUVANANTHAPURAM,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      8        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO LOCAL SELF
               GOVERNMENT DEPARTMENT,SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

               SMT.VIDYA KURIAKOSE GP.
               SRI.S.VISHNU SC.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       3

WP(C) No. 32291 of 2022




                              JUDGMENT

Dated this the 18th day of January, 2023

The petitioner is the owner of 14.02 Cents of property in Old

Survey No.408/2-2 of Thalakkad Village, Tirur Taluk of

Malappuram District. The petitioner states that the petitioner's land

is a dry land. However, it was wrongly included in the Data Bank

of paddy land and wetland.

2. The petitioner wanted to use the land for other

purposes and he submitted an application invoking Rule 4(d) of

the Kerala Conservation of Paddy Land and Wetland Rules, 2008

seeking to remove the land from Data Bank. The said application

has been rejected as per Ext.P8 order dated 11.05.2022 of the

Revenue Divisional Officer.

3. The petitioner states that the rejection of the petitioner's

application is solely based on a report given by the Agricultural

WP(C) No. 32291 of 2022

Officer. Though the land is shown as paddy land in Revenue

records, the same was lying as dry land when the Act, 2008 came

into force. Therefore, the land ought not to have been included in

the Data Bank.

4. Government Pleader entered appearance and resisted

the writ petition. Government Pleader submitted that Ext.P8 order

has been passed based on a report dated 08.10.2020 of the

Agricultural Officer, Thalakkad. In all probabilities, the report was

drawn after making a site visit. The petitioner has not advanced

any grounds to unsettle Ext.P8.

4. I have heard the learned counsel for the petitioner and

the learned Government Pleader representing respondents 1 to 4,

7 and 8.

5. On a reading of Ext.P8 order, it is clear that the

Revenue Divisional Officer has rejected the application of the

petitioner for removal of the land from the Data Bank for the sole

reason that the KSREC report does not recommend such

exclusion. It may be noted that the KSREC report provides only

WP(C) No. 32291 of 2022

the status of the land for various years, based on satellite data.

KSREC has no authority or power to recommend the inclusion or

deletion of any land from the Data Bank. For that matter, the

KSREC report does not contain such recommendations.

Therefore, the Revenue Divisional Officer committed an error in

rejecting the application on the ground that the KSREC report

does not make any recommendation. Ext.P8 therefore cannot

stand the scrutiny of law.

The writ petition is allowed. Ext.P8 is set aside. The Revenue

Divisional Officer is directed to reconsider the Form-5 application

submitted by the petitioner and pass appropriate orders thereon

within a period of two months. The Revenue Divisional Officer,

while passing order afresh, shall advert to Exts.P2 to P4 also.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 32291 of 2022

APPENDIX OF WP(C) 32291/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED BEARING NO:

1599 OF 2008 OF THE PETITIONER DATED 30/4/2008.

Exhibit P2 THE TRUE COPY OF THE COMMUNICATION ISSUED TO THE 2ND RESPONDENT BY THE 3RD RESPONDENT DATED 16.06.2008.

Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AGAINST EXHIBITP2.

Exhibit P4 THE TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 7TH RESPONDENT DATED 12.10.2010 Exhibit P5 THE TRUE COPY OF THE RELEVANT EXTRACT OF THE DATABANK EVIDENCING THE FACTUM OF INCLUSION OF THE PROPERTY OF THE PETITIONER IN THE DATA BANK. DR.27/04/2012 Exhibit P6 THE TRUE COPY OF THE APPLICATION IN FORM NO: