Kerala High Court
Jayaprakashan.N vs State Of Kerala on 15 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 5911 OF 2023
PETITIONER:
1 RATHEESH.R,
AGED 45 YEARS
S/O. RAJAN RESIDING AT KUNDUKAD HOUSE, MUDAPPALLUR,
ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678505
2 SANGEETHA VENUGOPAL,
AGED 40 YEARS
W/O. RATHEESH.R, RESIDING AT KUNDUKAD HOUSE ,
MUDAPPALLUR, ALATHUR TALUK, PALAKKAD DISTRICT - 678505
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
PALAKKAD CIVIL STATION, PALAKKAD DISTRICT, PIN - 648001
3 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT - 678001
4 LOCAL LEVEL MONITORING COMMITTEE
VANDAZHI, REPRESENTED BY ITS CONVENER - AGRICULTURAL
OFFICER, VANDAZHI, PALAKKAD DISTRICT, PIN - 678706
5 THE VILLAGE OFFICER,
VANDAZHI-II VILLAGE OFFICE, MUDAPPALLUR,
PALAKKAD DISTRICT, PIN - 678705
SRI.APPU.P.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2023, ALONG WITH WP(C).6129/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS.5911 & 6129 OF 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
WP(C) NO. 6129 OF 2023
PETITIONER:
JAYAPRAKASHAN.N,
AGED 49 YEARS
S/O. NARAYANAN, PULTHANKALAM, VELLARAKODE,
CHITTILANCHERY PO, PALAKKAD DISTRICT, PIN - 678704
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR,
PALAKKAD CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001
3 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD,
PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT - 678001
4 LOCAL LEVEL MONITORING COMMITTEE
VANDAZHI, REPRESENTED BY ITS CONVENER - AGRICULTURAL
OFFICER, VANDAZHI, PALAKKAD DISTRICT, PIN - 678706
5 THE VILLAGE OFFICER,
VANDAZHI-II VILLAGE OFFICE, MUDAPPALLUR,
PALAKKAD DISTRICT, PIN - 678705
SRI.APPU P.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2023, ALONG WITH WP(C).5911/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS.5911 & 6129 OF 2023
3
JUDGMENT
[WP(C) Nos.5911/2023, 6129/2023]
Dated this the 15th day of March, 2023
These writ petitions are filed challenging orders passed rejecting
the applications submitted by the petitioners for deletion of their
property from the data bank. It is submitted by the learned counsel for
the petitioners that 10 cents each of property owned by the petitioners
was subject to Ext.P6 proceedings dated 26.12.2011. On an application
having been filed by Sri.Sivashankaran, the prior owner of the property,
the RDO considered the matter and held as follows:
"A land which is not being cultivated for the past 48 years
is not coming within the purview of KLU Order 1967. The
publication of data bank is not finalized. In the
circumstances, it is to be confirmed whether the land in
question is included in the Data bank after publication.
Hence the application has to wait till the finalization of the
Data Bank under the Kerala Conservation of Paddy Land
and Wet Land Act 2008. The application is disposed of
accordingly."
It is submitted by the learned counsel for the petitioners that
thereafter, when the data bank was prepared, the property was wrongly
included in the data bank. The petitioners had preferred Form 5
WP(C) NOS.5911 & 6129 OF 2023
applications seeking removal of the property from the data bank.
However, by Ext.P5 orders, it was found that the Local Level
Monitoring Committee had informed that the issue can be considered
only on the basis of a KSREC report and that there is no material to
show that the property had been converted before 2008.
2. The learned counsel for the petitioners submits that since the
property stands covered by Ext.P6 proceedings, the findings in Ext.P5
are completely erroneous. In any view of the matter, it is submitted that
if a KSREC report was found to be necessary, the RDO had the power
to call for such a report and the report ought to have been called for and
considered before final orders were passed on Ext.P5.
3. The learned Government Pleader submits that the rules provide
for consideration of the Form 5 application on conducting proper
verifications and visits or on the basis of KSREC reports and it is not
mandatory in all cases that a KSREC report has to be obtained.
4. Having considered the contentions advanced and in view of the
specific contention raised by the petitioners that the property stands
covered by Ext.P6 proceedings, I am of the opinion that the issue
WP(C) NOS.5911 & 6129 OF 2023
requires a reconsideration. The impugned orders are therefore set aside.
There will be a direction to the 3rd respondent to take up the Form 5
applications submitted by the petitioners and to pass orders afresh, after
obtaining reports from the KSREC, if found necessary. Ext.P6 orders
passed in respect of the very same property by the RDO shall also be
taken into account while passing orders on the Form 5 applications.
Necessary shall be done within a period of three months from the date
of receipt of a copy of this judgment.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NOS.5911 & 6129 OF 2023
APPENDIX OF WP(C) 5911/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 3478/2013
DATED 25/11/2013 OF SRO, NENMARA EXECUTED IN
FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE ANTERIOR TITLE DEED NO.
2992/2012 OF SRO, NENMARA DATED 24.8.2012
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE OF
THE PROPERTY DATED 27/10/2021
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE REVENUE DIVISIONAL
OFFICER IN FORM NO. 5 DATED 19/11/2021
Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE REVENUE
DIVISIONAL OFFICER, NO. RDOPKD/4646/2022-J5
DATED 16/1/2023
Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT, NO. J-8493/2011 DATED 26/12/2011
ALONG WITH TYPED COPY
RESPONDENTS' EXHIBITS: NIL
WP(C) NOS.5911 & 6129 OF 2023
APPENDIX OF WP(C) 6129/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 2992/2022
DATED 24/08/2012 OF SRO, NENMARA EXECUTED IN
FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE ANTERIOR TITLE DEED NO.
7057/1991 OF SRO, NENMARA DATED 09/01/1991
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE OF
THE PROPERTY DATED 27/10/2021
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE REVENUE DIVISIONAL
OFFICER IN FORM NO. 5 DATED 19/11/2021
Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE REVENUE
DIVISIONAL OFFICER, NO. RDOPKD/4647/2022-J5
DATED 25/12/2022
Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT, NO. J-8493/2011 DATED 26/12/2011
ALONG WITH TYPED COPY
RESPONDENTS' EXHIBITS: NIL
