Kerala High Court
M.M. Hamsa vs The District Collector on 6 January, 2023
W.P.(C) Nos.17989 & 23337 of 2018
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 17989 OF 2018
PETITIONER/S:
1 M.M. HAMSA
S/O. N.K. MARAKKAR, MULAKKAMPILLY HOUSE,KAKKANAD P.O.,
PIN-682 030.
2 RIBITH JAMAL P.J.
S/O JAMAL. P.M., PULIKKUZHI, MUNDAMPALAM,VADACODE,
THRIKKAKKARA P.O., PIN-682 021.
BY ADVS.
SRI.K.S.BHARATHAN
SMT.C.J.LIZY
KUM.S.SWATHY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
ERNAKULAM, PIN-682 030.
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, PIN-682 001.
3 THE ADDITIONAL TAHZILDAR
KANAYANNUR, PIN-682 018.
4 THE AGRICULTURAL OFFICER
KAKKANAD, PIN-682 030.
5 THE VILLAGE OFFICER
VAZHAKKALA, THRIKKAKKARA P.O.,PIN-682 021.
6 THE SUB INSPECTOR OF POLICE
THRIKKAKKARA, PIN-682 021.
7 THE THRIKKAKARA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, THRIKKAKKARA, PIN-682 021.
BY ADVS.
SRI.G.G.MANOJ, SC, THRIKKAKARA MUNICIPALITY
R7 BY SRI. V.H.JASMINE
R1 TO R6 BY SRI. JOBY JOSEPH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2023, ALONG WITH WP(C).23337/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.17989 & 23337 of 2018
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 23337 OF 2018
PETITIONER/S:
1 M.M. HAMSA
S/O.N.K.MARAKKAR, MULAKKAMPILLY HOUSE,KAKKANAD.P.O, PIN-
682 030.
2 RIBITH JAMAL.P.J
S/O JAMAL.P.M, ,PULIKKUZHI, MUNDAMPALAM, VADACODE,
THRIKKAKKARA.P.O,PIN-682 021.
BY ADVS.
SRI.K.S.BHARATHAN
KUM.S.SWATHY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
ERNAKULAM,PIN-680 664.
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI,PIN-682 001.
3 THE ADDITIONAL TAHZILDAR
KANAYANNUR,PIN-682 018.
4 THE AGRICULTURAL OFFICER
KAKKANAD,PIN-682 030.
5 THE VILLAGE OFFICER
VAZHAKKALA,THRIKKAKARA.P.O,PIN-682 021.
6 THE SUB INSPECTOR OF POLICE
THRIKKAKKARA,PIN-682 021.
7 THE THRIKKAKARA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,THRIKKAKARA,PIN-682 021.
BY ADVS.
REKHA AGARWAL
SRI.G.G.MANOJ, SC, THRIKKAKARA MUNICIPALITY
R1 TO R6 BY SRI. JOBY JOSEPH, SR. GOVERNMENT PLEADER
SMT. REKHA AGARWAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2023, ALONG WITH WP(C).17989/2018, THE COURT ON THE
DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.17989 & 23337 of 2018
:3:
SHAJI P. CHALY, J.
---------------------------------------------------------
W.P.(C). Nos. 17989 & 23337 of 2018
---------------------------------------------------------
Dated this the 6nd day of January, 2023.
JUDGMENT
The writ petitions are filed by one and the same persons, who
are owners of a landed property and a lorry.
2. W.P.(C) No. 17989 of 2018 is filed challenging Exhibits P5
and P6 orders dated 24.05.2018 issued by the Village Officer,
Vazhakkala, 5th respondent, and seeking a direction to the Sub
Inspector of Police, Thrikkakkara, respondent No.6, to release the
vehicle belonging to the 2nd petitioner bearing No. KL-40-F-6831.
3. W.P.(C) No. 23337 of 2018 is filed challenging Exhibit P13
order dated 19.06.2018 passed by the District Collector, Ernakulam,
respondent No.1, and seeking a direction to respondents 1 and 5 to
pay the first petitioner an amount of Rs.87,500/- and the costs
incurred by the first petitioner in preferring W.P.(C) No. 17989 of
2018.
4. The first petitioner is stated to be the owner of an extent
of 10.85 Ares in re-survey No. 302/9 of Vazhakkala Village,
Ernakulam District, which is mentioned as purayidom. Yet another
property having an extent of 15.48 Ares in re-survey Nos. 300/3,
301-6 and 301/1 are remaining as 'nilam'.
W.P.(C) Nos.17989 & 23337 of 2018
5. The issue raised in this writ petition pertains to the
proceedings initiated by the Village Officer under Section 12 of the
Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act,
2008' for short).
6. On a perusal of the orders passed by the Village Officer, it
is quite clear and evident that the Village Officer is of the opinion
that the first petitioner has attempted to convert the paddy field by
filling up it with soil from outside. It was accordingly that
proceedings were initiated and the first petitioner was directed to
reconvert the property, and the vehicle used for filling up of the
paddy field was also seized.
7. Anyhow, when W.P.(C) No. 17989 of 2018 was admitted to
the files of this Court on 01.06.2022, an interim order was granted
directing the District Collector, Ernakulam, respondent No.1, to take
a decision as to whether or not a confiscation of the vehicle is
warranted in accordance with Section 20 of the Act, 2008, after
taking note of Exhibit P2 order passed by the Revenue Divisional
Officer, Fort Kochi, respondent No.2. It was also directed to
consider the issue of grant of interim custody of the vehicle to the
petitioner, if for any reason, the first respondent cannot take a
decision with regard to the confiscation of the vehicle within the
period as directed. 8. In my considered opinion, a detailed
deliberation of the matter is not required, since the properties in
W.P.(C) Nos.17989 & 23337 of 2018
question are included in the data bank constituted as per the
provisions of the Act, 2008. The case of the first petitioner is that
prior to the introduction of the Act, 2008, he has secured orders
under Clause 6 of the Kerala Land Utilisation Order, 1967. It is also
contended that when the property was converted prior to the
introduction of the Act, 2008 after securing necessary orders, the
Village Officer was not competent to initiate proceedings under
Section 12 of the Act, 2008.
9. However, the learned Senior Government Pleader has filed
a memo dated 24.11.2022 in W.P.(C) No. 17989 of 2018 producing
the revenue records which shows that the property is included in
the data bank constituted as per the Act, 2008. Even if the
property is included wrongly or incorrectly in the data bank, a
remedy is available to the aggrieved person by invoking the
provisions of the Kerala Conservation of Paddy land and Wetland
Rules, 2008.
10. In that view of the matter and since the factual
circumstances are involved in the subject issue, I think, it is only
appropriate that the interim order granted by this Court is extended
for a reasonable period and the petitioners are granted the liberty to
approach the statutory authorities to file suitable applications in
accordance with law.
11. Therefore, after having heard the learned counsel for the
W.P.(C) Nos.17989 & 23337 of 2018
petitioners Sri. K.S Bharathan and the learned Senior Government
Pleader Sri. Joby Joseph, this writ petition is disposed of directing
the petitioners to file suitable applications before the second
respondent i.e., the Revenue Divisional Officer, Fort Kochi within a
month from the date of receipt of a copy of this judgment. If any
such application is received by the second respondent in accordance
with the Act, 2008 and the Rules thereto, it shall be considered in
accordance with law, taking into account the order passed by the
Revenue Divisional Officer under clause 6 of the Kerala Land
Utilisation Order, 1967 at the earliest and at any rate within three
months from the date of receipt of the application.
12. Needless to say, if the first petitioner is able to secure
any enabling orders in the proceedings as directed above, I do not
think any purpose would be served by pursuing further the order
passed by the Village Officer, which is impugned in these writ
petitions. In that view of the matter, the interim order granted by
this Court is directed to be continued for a further period of four
months from today. The petitioners will be guided by the orders so
passed by the Revenue Divisional Officer as directed above.
These writ petitions are disposed of accordingly.
sd/- SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) Nos.17989 & 23337 of 2018
APPENDIX OF WP(C) 17989/2018
PETITIONER'S EXHIBITS"
EXHIBIT P1 TRUE COPY OF THE GIFT DEED DATED 17.10.2013 AS
DOCUMENT NO. 2964 OF 2013 OF THRIKKAKARA SUB
REGISTRAR OFFICE
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04.07.2011
BEARING NO. K-2798 OF 2011 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
05.04.2018 BEARING NO. 7435053 ISSUED BY THE
5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE INFORMATION GIVEN BY THE 5TH
RESPONDENT TO THE PREDECESSOR IN INTEREST OF
THE 1ST PETITIONER DATED NIL.
EXHIBIT P5 TRUE COPY OF THE MAHAZAR DATED 24.05.2018
BEARING NO. 209/18 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 24.05.2018
BEARING NO 02/18 ISSUED BY THE 5TH RESPONDENT
TO THE 1ST PETITIONER.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
ISSUED ON 16.03.2012 OF THE VEHICLE NO. KL-40-F-
6831.
EXHIBIT P8 TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED
BY THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM DATED 24.07.2014.
EXHIBIT P9 TRUE COPY OF THE INSURANCE POLICY OF THE
VEHICLE DATED 28.05.2019
EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 21.04.2018
EVIDENCING PAYMENT OF MOTOR VEHICLE TAX
DOWNLOADED FROM THE SITE.
EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 21.04.2018
EVIDENCING PAYMENT OF CONTRIBUTION TO THE
KERALA MOTOR TRANSPORT WORKERS WELFARE
FUND BOARD.
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
W.P.(C) Nos.17989 & 23337 of 2018
APPENDIX OF WP(C) 23337/2018
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GIFT DEED DATED 19.10.2013 AS
DOCUMENT NO.2964 OF 2013 OF THRIKKAKARA SUB
REGISTRAR OFFICE.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04.07.2011
BEARING N O.K-2798 OF 2011 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
05.04.2018 BEARING NO.7435053 ISSUED BY THE
5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE INFORMATION GIVEN BY THE 5TH
RESPONDENT TO THE PREDECESSOR IN INTEREST OF
THE 1ST PETITIONER DATED NIL.
EXHIBIT P5 TRUE COPY OF THE MAHAZAR DATED 24.05.2018
BEARING NO.209/18 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 24.05.2018
BEARING NO.02/18 ISSUED BY THE 5TH RESPONDENT
TO THE 1ST PETITIONER.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
ISSUED ON 16.03.2012 OF THE VEHICLE NO KL-40-F-
6831.
EXHIBIT P8 TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED
BY THE REGIONAL TRANSPORT
AUTHORITY,ERNAKULAM DATED 24.07.2014
EXHIBIT P9 TRUE COPY OF THE INSURANCE POLICY OF THE
VEHICLE DATED 28.05.2019
EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 21.04.2018
EVIDENCING PAYMENT OF MOTOR VEHICLE TAX
DOWNLOADED FROM THE SITE.
EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 21.04.2018
EVIDENCING PAYMENT OF CONTRIBUTION TO THE
KERALA MOTOR TRANSPORT WORKERS FUND BOARD.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 01.06.2018 IN WPC
NO.17989 OF 2018.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 19.06.2018
BEARING NO.191215/18/L 10 OF THE 1ST
RESPONDENT
EXHIBIT P14 TRUE COPY OF THE CHALAN DATED 20.06.2018.
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
