Jalal C.S vs The Revenue Divisional Officer
2023 Latest Caselaw 6881 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 20327 OF 2023
PETITIONERS:

     1       JALAL C.S
             AGED 48 YEARS
             S/O SULAIMAN KUTTY, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.,
             VENGOLA, PERUMBAVOOR, ERNAKULAM, PIN - 683556
     2       ASHRAF C. S
             AGED 46 YEARS
             S/O SULAIMAN KUTTY, CHIRAKKAKUDY HOUSE, ALLAPRA P.O.,
             VENGOLA, PERUMBAVOOR, ERNAKULAM, PIN - 683556
     3       M.M. BEERAN
             AGED 65 YEARS
             S/O MUHAMMED, MUNDAKKAL HOUSE, ALLAPRA P.O., VENGOLA,
             PERUMBAVOOR, ERNAKULAM, PIN - 683556
             BY ADVS.
             K.R.PRATHISH
             JOEL CHALAMANA
             P.K.SREEVALSAKRISHNAN


RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA
            ERNAKULAM DISTRICT, PIN - 686673
     2      THE TAHSILDAR
            KUNNATHUNAD TALUK OFFICE, KUNNATHUNAD, POOPPANI RD,
            PERUMBAVOOR, ERNAKULAM, PIN - 683543
     3      THE VILLAGE OFFICER
            VENGOLA VILLAGE OFFICE, VENGOLA, PERUMBAVOOR,
            ERNAKULAM, PIN - 683556
     4      THE LOCAL LEVEL MONITORING COMMITTEE
            VENGOLA GRAMA PANCHAYAT, REP. BY ITS CHAIRMAN,
            AGRICULTURAL OFFICER, VENGOLA KRISHI BHAVAN, PERUMBAVOOR,
            ERNAKULAM, PIN - 683556
     5      KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
            1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
 WP(C) NO.20327 OF 2023
                                   2

            UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
            THIRUVANANTHAPURAM, P.O., REP BY ITS CHIEF
            OFFICER, PIN - 695033


            SMT. DEVISREE(GP)
            SRI.VISHNU S.CHEMPAZHANTHIYIL-SC
     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   22.06.2023,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.20327 OF 2023
                                  3




                             JUDGMENT

Dated this the 22nd day of June, 2023

The petitioners, who are owners of 1 Hectare and 8.66

Ares of property in Vengola Village, Kunnathunadu Taluk of

Ernakulam District, are aggrieved by Ext.P5 order of the

Revenue Divisional Officer rejecting the petitioners' application

for removal of their land from land Data Bank.

2. The petitioners state that their land though

described as 'Nilam' in the Revenue records, it is actually a

Purayidam. The petitioners wanted to use the land for other

purposes. Therefore, the petitioners approached the Revenue

Divisional Officer invoking the provisions of Rule 4(d) of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008,

seeking to remove the land from Data Bank. The grievance of

the petitioners is that the Revenue Divisional Officer has WP(C) NO.20327 OF 2023

rejected their application as per Ext.P5 proceedings dated

10.06.2023 without giving any convincing reason.

3. The petitioners would submit that in view of Exts.P2

and P3 records, the Revenue Divisional Officer should have

allowed their Form-5 application. If the Revenue Divisional

Officer had any doubt regarding the nature of the land as

existed in the year 2008, the Revenue Divisional Officer

should have opted to obtain Scientific Data from KSREC. If

Ext.P5 is permitted to continue, the petitioners will be put to

untold hardship and loss, contend the petitioners.

4. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader denied all

the allegations made by the petitioners in the writ petition. It is

pointed out that on receipt of the application of the petitioners,

the Revenue Divisional Officer sought reports from the

Agricultural Officer. The Agricultural Officer submitted a report

dated 16.05.2023, in which it is stated that the land of the

petitioners stands not converted and is in the status of a paddy WP(C) NO.20327 OF 2023

land. It is based on a fact finding report of the Agricultural

Officer that Ext.P5 order has been passed rejecting the

application of the petitioners. The petitioners have not

advanced any tangible reasons to interfere with Ext.P5. The

writ petition is therefore liable to be dismissed.

5. I have heard the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents.

6. Ext.P2 is a report of the Village Officer in respect of

the land of the petitioners, which was drawn as early

07.09.2008. Ext.P2 report would indicate that the land was

filled upto 4 feets even in the year 2008. Ext.P2 would further

go to show that the land was not cultivated with paddy for long

years. In fact, the Village Officer has written in Ext.P2 that the

land is not fit for paddy cultivation. It is also recorded in Ext.P2

that the fact as to when the land was filled up cannot be

ascertained even in the year 2008.

WP(C) NO.20327 OF 2023

7. Ext.P3 is the Certificate issued by the Additional

Tahsildar. The Additional Tahsildar also has certified as early

as on 09.09.2008 that the land of the petitioners is in the

nature of Purayidam. This Certificate was issued in the year

when the provisions of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008 came into force. In such

circumstances, it could have been proper on the part of the

Revenue Divisional Officer to consider the application of the

petitioners after obtaining Scientific Data.

8. In the light of Exts.P2 and P3, I am of the view that

the Revenue Divisional Officer is liable to reconsider Form-5

application submitted by the petitioners.

The writ petition is accordingly disposed of setting aside

Ext.P5. If the petitioners submit an application to the

Agricultural Officer to obtain KSREC report, after paying the

prescribed fee, within a period of two weeks, the Revenue

Divisional Officer shall reconsider the Form-5 application

submitted by the petitioners and pass appropriate orders WP(C) NO.20327 OF 2023

thereon, taking note of Exts.P2, P3 and the KSREC report

within a further period of two months from the date of receipt

of the KSREC report.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20327 OF 2023

APPENDIX OF WP(C) 20327/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VENGOLA VILLAGE IN THE NAME OF THE PETITIONERS DATED 11.11.2022 Exhibit P2 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 07.09.2008 Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE ADDITIONAL TAHSILDAR, KUNNATHUNAD DATED 09.09.2008 Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE RDO DATED 21.11.2022 Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE RDO, MUVATTUPUZHA DATED 10.06.2023