Kishore Joseph vs The District Collector
2023 Latest Caselaw 6496 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                      WP(C) NO. 18825 OF 2023
PETITIONER:

          KISHORE JOSEPH
          AGED 43 YEARS
          S/O. C. D. JOSEPH, CHACKALAKKAL HOUSE, EDAMATTOM
          P.O., POOVARANY, KOTTAYAM, PIN - 686 578.

          BY ADVS.
               SHAKTHI PRAKASH
               MUHASIN K.M.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, KOTTAYAM - KUMILY ROAD, KOTTAYAM,
          PIN - 686 002.

    2     THE REVENUE DIVISIONAL OFFICER
          KOTTAYAM REVENUE DIVISIONAL OFFICE, 2ND FLOOR, MINI
          CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
          KOTTAYAM, PIN - 686 001.

    3     THE TAHSILDAR
          MEENACHIL TALUK OFFICE, MINI CIVIL STATION, GROUND
          FLOOR, PALA RAMAPURAM ROAD, PALA, KOTTAYAM,
          PIN - 686 577.

    4     THE VILLAGE OFFICER
          POOVARANI VILLAGE OFFICE, PAIKA EDAMATTOM ROAD,
          EDAMATTOM P.O., KOTTAYAM, PIN - 686 578.

    5     THE AGRICULTURE OFFICER
          MEENACHIL KRISHI BHAVAN, MEENACHIL, KOTTAYAM,
          PIN - 686 578.

    6     THE DIRECTOR
          KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
          VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
 WP(C) No.18825 of 2023
                                  2

OTHER PRESENT:

             DEVISREE.R- G.P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.06.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.18825 of 2023
                                 3

                            JUDGMENT

Dated this the 13th day of June, 2023

The petitioner is aggrieved by the order passed by the

2nd respondent-Revenue Divisional Officer rejecting his application

to remove his land from Data Bank.

2. The petitioner states that he is owner of 24.68 Ares of

land comprised in Survey No.134/4-2 of Poovarani Village in

Meenachil Taluk of Kottayam District. The petitioner wanted to use

the land for non-agricultural purposes. The land was included in the

Data Bank, though it was converted prior to the year 2008. The

petitioner therefore submitted Form-5 application invoking Rule

4(d) of the Kerala Conservation of Paddy Land and Wet Land

Rules, 2008.

3. The grievance of the petitioner is that the Form-5

application stands rejected as per Ext.P3 order dated 07.12.2022

of the 2nd respondent-Revenue Divisional Officer, Pala. According

to the petitioner, the 2nd respondent-Revenue Divisional Officer

before passing Ext.P3 order did not advert to the actual status of WP(C) No.18825 of 2023

the land. According to the petitioner, the land stood converted even

prior to the year 2008, when the Kerala Conservation of Paddy

Land and Wet Land Rules, 2008 were promulgated. There is a

building situated in the property. The building was constructed prior

to the year 2008. Ext.P3 order if permitted to stand, the petitioner

will be put to untold hardship in as much as the petitioner will not

be able for beneficial enjoyment of 24.68 Ares of land, which is in

the name of the petitioner.

4. Government Pleader entered appearance and resisted

the writ petition. On behalf of the respondents, it is pointed out that

when the application for removal of land from Data Bank was

received from the petitioner, the matter was referred to the

4th respondent-Village Officer. The 4th respondent-Village Officer

made a site visit and submitted a report.

      5.   More      information        was    sought     from     the

5th   respondent-Agricultural      Officer,   Meenachil   also.    The

5th respondent-Agricultural Officer submitted a report pointing out

that the land of the petitioner is not a converted land. It was further

pointed by the 5th respondent-Agricultural Officer that there are WP(C) No.18825 of 2023

water chals and conversion of the land would block free flow of

water.

6. The 5th respondent-Agricultural Officer further noted that

the Local Level Monitoring Committee has also advised not to

permit removal of land from Data Bank. It is based on the fact

finding reports that the 2nd respondent-Revenue Divisional Officer

has passed Ext.P3 order. The petitioner has not advanced any

grounds to unsettle the decision of the 5 th respondent-Agricultural

Officer contained in Ext.P3.

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

the learned Government Pleader representing the respondents.

8. The specific case of the petitioner is that the 24.68 Ares

of land of the petitioner has stood converted prior to the year 2008,

when the Kerala Conservation of Paddy Land and Wet Land Rules,

2008 came into force. Ext.P4 photographs produced by the

petitioner would show that there is even a constructed building

standing in the property of the petitioner, which according to the

petitioner was constructed before the year 2008. There are

standing coconut trees also in the property of the petitioner. WP(C) No.18825 of 2023

9. Ext.P3 would disclose that the 2nd respondent-Revenue

Divisional Officer has not made any site visit before passing Ext.P3

order. When substantial materials are with the petitioner to show

that the land was converted prior to 2008, the

2nd respondent-Revenue Divisional Officer ought to have opted to

obtain a scientific report in the matter before coming to a final

conclusion based on the report submitted by the

5th respondent-Agricultural Officer.

In view of the above, the writ petition is allowed. Ext.P3

order is set aside. If the petitioner submits application for obtaining

KSREC report paying the prescribed fee within a period of two

weeks, the 2nd respondent-Revenue Divisional Officer shall

reconsider the matter and pass orders afresh within a further period

of two months from the date of receipt of a copy of the KSREC

report.

Sd/-

N.NAGARESH JUDGE AMR WP(C) No.18825 of 2023

APPENDIX OF WP(C) 18825/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.04.2021.

Exhibit P2 TRUE COPY OF THE FORM 5 APPLICATION DATED 08.04.2022.

Exhibit P3 TRUE COPY OF THE ORDER DATED 07.12.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.