Rameshan Manthampeth ... vs The State Of Kerala
2023 Latest Caselaw 3620 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. 38458 OF 2022
PETITIONERS:

    1     RAMESHAN MANTHAMPETH PUTHIYAPURAYIL
          AGED 66 YEARS
          S/O MANTHAMPETH RAMUNNI, RESIDING AT NISHEES, NEAR
          CHOVVA RAILWAY STATION,P.O CHOVVA, KANNUR, PIN -
          670006
    2     VALSALAN PUTHIYANDI
          AGED 76 YEARS
          S/O MANTHAMPETH RAMUNNI, RESIDING AT SHIVASAKTHI,
          PALLIKUNNU.P.O, KANNUR, PIN - 670004
    3     RAGHUTHAMAN PUTHIYANDI
          AGED 74 YEARS
          S/O MANTHAMPETH RAMUNNI, RESIDING AT ARADHANA,
          KANNUKRA, THANA, KANNUR, PIN - 670012
    4     SUDHAKARAN PUTHIYANDI
          AGED 72 YEARS
          S/O MANTHAMPETH RAMUNNI, RESIDING AT ARADHANA,
          KANNUKRA, THANA, KANNUR, PIN - 670002
    5     SHOBANA PUTHIYANDI MADAMBETH
          AGED 70 YEARS
          D/O MANTHAMPETH RAMUNNI, RESIDING AT PATHALAMBETH
          HOUSE, CHALOD, KANNUR, PIN - 670595
    6     PRAKASHAN PUHTIYANDI MADABETH
          AGED 68 YEARS
          S/O MANTHAMPETH RAMUNNI, RESIDING AT ARADHANA,
          KANNUKRA, THANA, KANNUR, PIN - 670012
          BY ADVS.
          ABDUL RAOOF PALLIPATH
          K.R.AVINASH (KUNNATH)
          E.MOHAMMED SHAFI
 W.P.(C). No.38458 of 2022      :2:




RESPONDENTS:

      1       THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
              TRIVANDRUM, PIN - 695001
      2       THE REVENUE DIVISIONAL OFFICER, THALASSERY
              REVENUE DIVISIONAL OFFICE, NATIONAL HIGHWAY 17,
              THALASSERY, KANNUR, PIN - 670101
      3       THE CONVENER
              LOCAL LEVEL MONITORING COMMITTEE,(AGRICULTURE
              OFFICER) KOODALI, KANNUR, PIN - 670592
              BY ADVS.
              PUBLIC PROSECUTOR
              GOVERNMENT PLEADER

OTHER PRESENT:

              SRI T JAYAN GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.38458 of 2022       :3:




                           VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                      W.P.(C). No.38458 of 2022
         --     -- -- -- -- -- -- -- -- -- -- -- --
                  Dated this the 29th day of March, 2023

                              JUDGMENT

The petitioners have approached this Court aggrieved by

Ext.P5 series of orders issued by the 2 nd respondent whereby the

Form-5 applications submitted by them were rejected.

2. The petitioners have obtained the property in question as

per Ext.P1 partition deed. The entire property is lying contiguous

and the same is lying as a garden land and never treated as a

paddy land or wetland either in revenue records or in any other

documents. The said property is lying adjacent to Kannur-

Mattanur State Highway and was having standing coconut and

other trees. Thereupon the petitioners and their sister Vasantha

filed separate applications for removing the property from the data

bank. However, the applications submitted by the petitioners were

rejected by Exts.P5 series of orders. Aggrieved by the said orders,

the petitioners have approached this Court.

3. The petitioners submit that the said orders have been

issued without considering any of the parameters for consideration

of a Form-5 application and further that the nature of the land and

whether the land is suitable for paddy cultivation as on the date of

coming into force of the Kerala Conservation of Paddy Land and

Wetland Act, 2008, has not been taken into consideration while

issuing the impugned orders. Further more, a report from the

KSRSEC was also not obtained. The petitioners submit that their

applications may be reconsidered in accordance with law, after

obtaining a report from the KSRSEC.

4. Heard the learned Government Pleader also.

A perusal of Ext.P5 series of orders reveal that none of the

parameters for consideration of a Form-5 application has been

considered while issuing the same. Therefore, the above writ

petition is disposed of setting aside Exts.P5(a) to P5(f), with a

direction to the 2nd respondent to reconsider the applications

submitted by the petitioners, after obtaining the necessary report

from the Agricultural Officer concerned and after conducting a site

inspection and also obtaining a KSRSEC report, at the expense of

the petitioners. A decision in this regard as directed above shall be

taken by the 2nd respondent, within a period of three months from

the date of receipt of a copy of this judgment. Petitioners will be

free to submit their notes of arguments highlighting their

contentions.

With the above said directions, the writ petition is disposed

of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 38458/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.

2809/99 IF SRO, ANJARAKANDY Exhibit P2 TRUE COPY OF THE SKETCH PLAN OF THE PROPERTY Exhibit P3 TRUE COPY OF THE REQUEST LETTER DATED 22.02.2022 FILED BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.RDOTLY/1088/2022-K1 K. DIS DATED 31.05.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 (a) TRUE COPY OF THE COMMUNICATION ISSUED TO VALSALAN Exhibit P5 (b) TRUE COPY OF THE COMMUNICATION ISSUED TO REGUTHAMAN Exhibit P5(c) TRUE COPY OF THE COMMUNICATION ISSUED TO SUDHAKARAN, Exhibit P5(d) TRUE COPY OF THE COMMUNICATION ISSUED TO SHOBA Exhibit P5(e) TRUE COPY OF THE COMMUNICATION ISSUED TO PRAKASHAN Exhibit P5(f) TRUE COPY OF THE COMMUNICATION ISSUED TO RAMESHAN Exhibit P6 TRUE COPY OF THE PETITION FILED UNDER RIGHT TO INFORMATION ACT, DATED 30.06.2022 BEFORE THE PUBLIC INFORMATION OFFICER, SUB COLLECTOR, THALASSERY Exhibit P7 A TRUE PHOTOGRAPH OF THE PROPERTY SHOWING THE AERIAL VIEW OF THE PROPERTY