Muhammed Ismael Kunju vs The District Collector
2023 Latest Caselaw 3608 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                          WP(C) NO. 32831 OF 2022
PETITIONER:

             MUHAMMED ISMAEL KUNJU
             AGED 59 YEARS
             S/O THAHA KOYA, THUNUFIYIL SILVER NEST, KURATTISSERY
             MURI, MANNAR P.O., CHENGANNOOR TALUK, ALAPUZHA
             DISTRICT, PIN: 689622.
             BY ADVS.
             E.S.ASHRAF
             K.S.KARUNAMOL


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             ALAPPUZHA P.O., ALAPPUZHA DISTRICT, PIN - 686534.
     2       THE REVENUE DIVISIONAL OFFICER
             CHENGANNOOR, CHENGANNOOR P O. ALAPPUZHA DISTRICT,
             PIN:689121
     3       THE THAHASILDAR,
             CHENGANNOOR TALUK OFFICE, CHENGANNOOR P O. ALAPPUZHA
             DISTRICT, PIN:689121
     4       THE VILLAGE OFFICER
             VILLAGE OFFICE KURATTISSERY , MANNAR P.O., CHENGANNOOR
             TALUK ALAPUZHA DISTRICT, PIN: 689622
     5       THE AGRICULTURAL OFFICER
             KRISHI BHAVAN, MANNAR P.O., CHENGANNOOR TALUK,
             ALAPPUZHA DISTRICT,PIN-689 622
             BY G.P., SRI. SYAMANTHAK B.S.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.03.2023,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 32831 of 2022         2



                       VIJU ABRAHAM , J.
            ===========================
                   WP(C) No. 32831 of 2022
            ============================
             Dated this the 29th day of March, 2023

                           JUDGMENT

Petitioner has approached this Court seeking a direction to

the 2nd respondent to consider Ext P4 application dated

24.03.2022 in Form-7 and pass orders without insisting the

petitioner to reserve 10% of the land for water conservancy in the

light of Exts P5 and P6 reports.

2. The learned Government Pleader upon instructions

submitted that Ext P4 has been received and is pending

consideration.

3. The learned Counsel for the petitioner submits that

pursuant to the submission of the said application Ext P8

communication has been issued, wherein it is directed that the

application has to be re-submitted along with the report of the

Agricultural Officer regarding the steps taken for conservation of

water in the area. The learned Counsel for the petitioner relies on

the judgment in Pious @ Peeyus Varkey vs. Revenue

Divisional Officer, Fort Kochi and Another [2021 (4) KHC

190], wherein it is held that, the specification for setting apart of

10% land for water conservancy measures is only when the

application is allowed and not before that. In view of the said

judgment, the said details need to be provided only after allowing

the application.

4. The learned Government Pleader upon instructions

submitted that the application has been returned back to the

petitioner. If that is so, the petitioner shall resubmit the said

application and an appropriate order shall be passed on the same

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

this judgment, after affording an opportunity of being heard to the

petitioner. If the 2nd respondent decide to allow the application, he

can call for from the petitioner the details of the water

conservancy measures to be implemented in terms of Rule 12 (2)

and (6) of the Paddy land and Wetland Rules.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 32831/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE SHOWING PROPERTY OF THE PETITIONER AS 'LAND' DATED 23.03.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE TAX RECEIPTS DATED 31.01.2022 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF THE TAX RECEIPTS DATED 24.03..2022 ISSUED BY THE 4TH RESPONDENT. Exhibit P4 TRUE COPY APPLICATION DATED 24/03/2022 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPORT DATED 31/03/22 OF THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE MAHAZAR DATED 30/03/22 OF THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE REPORT DATED 29/07/22 OF THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE REPLY COMMUNICATION OF THE 2ND RESPONDENT DATED 20/09/22 . Exhibit P9 RUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 13/01/2021 SHOWING THAT THE PROPERTY OF THE PETITIONER IS NOT INCLUDED IN THE DATA BANK Exhibit P10 TRUE COPY OF THE THANDAPPER ACCOUNT Exhibit P11 TRUE COPY OF THE DOCUMENT SHOWING THE FAIR VALUE OF THE PROPERTY OF THE PETITIONER AND THE NEIGHBORING PROPERTIES.

Exhibit P12 PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

Exhibit P13 TRUE COPY OF THE JUDGMENT IN WPC NO.21664/2021 DATED 31.03.2022