Kunjabdulla vs The District Collector
2023 Latest Caselaw 9846 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                        WP(C) NO. 29937 OF 2023
PETITIONER :


          KUNJABDULLA,
          AGED 63 YEARS, S/O AMMADH MASTER,
          CHAMAKKALAYIL , KUTTIADI, KOZHIKODE,
          PIN - 673 508

          BY ADVS.
          BINIYAMIN K.S.
          T.M.NEZLA


RESPONDENTS :


    1     THE DISTRICT COLLECTOR,
          COLLECTORATE WAYANAD, NORTH KALPETTA P.O ,
          WAYANAD, PIN - 673 122

    2     THE REVENUE DIVISIONAL OFFICER,
          MANANTHAVADY REVENUE DIVISIONAL OFFICE,
          MANANTHAVADY, WAYANAD, PIN - 670 645

    3     THE TAHSILDAR (LR),
          VYTHIRI TALUK OFFICE, VYTHIRI,
          WAYANAD, PIN - 673 576

    4     THE VILLAGE OFFICER,
          KOTTATHARA VILLAGE OFFICE, VENNIYOD,
          KOTTATHARA, WAYANAD, PIN - 673 122

    5     THE AGRICULTURAL OFFICERKOTTATHARA KRISHI BHAVAN,
          VENNIYOD, KOTTATHARA WAYANAD -, PIN - 673122

    6     THE LOCAL LEVEL MONITORING COMMITTEE,
          KOTTATHARA GRAMAPANCHAYATH,
          REPRESENTED BY ITS CONVENER,
          THE AGRICULTURAL OFFICER,
          KOTTATHARA KRISHI BHAVAN, VENNIYOD,
 WP(C) NO. 29937 OF 2023
                                      2

             KOTTATHARA, WAYANAD, PIN - 673 122

     7       KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
             1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
             UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
             PMG, THIRUVANANTHAPURAM,
             REPRESENTED BY THE DIRECTOR, PIN - 695 033

             BY SMT.DEVISHRI R., GOVERNMENT PLEADER

             BY SRI.VISHNU S.CHAMBAHANTHIYIL, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.09.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 29937 OF 2023
                                      3


                        BECHU KURIAN THOMAS, J.
                       =-=-=-=-=-=-=-=-=-=-=-=-=-=
                          W.P.(C) No.29937 of 2023
                       =-=-=-=-=-=-=-=-=-=-=-=-=-=
                  Dated this the 13th day of September, 2023


                                 JUDGMENT

Petitioner's application under Form 5 for deleting the inclusion of his

property in the Data Bank was rejected by order dated 08.04.2022.

Petitioner assails the said order.

2. Petitioner is the owner of an extent of 0.1825 hectares of

property in Resurvey No.132/2 of Block No.9 of Kottathara Village,

Vaithiri Taluk. Petitioner alleges that the said property was wrongly

included in the Data Bank and accordingly an application under Form 5 of

the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for

short, 'the Rules') was submitted. After obtaining the report from the

Agricultural Officer, the 2nd respondent rejected the application.

3. I have heard Sri.Biniyamin K.S., the learned counsel for the

petitioner as well as Smt.Devishri R., the learned Government Pleader.

4. A perusal of the impugned order reveals that the 2 nd respondent

relied solely on the report of the Agricultural Officer and rejected the

application submitted by the petitioner. In the report of the Agricultural

Officer, it is seen stated that the property had not been converted prior to

2008 and that even though certain palm trees have been cultivated, the

property has all the characteristics of a paddy land. It was further WP(C) NO. 29937 OF 2023

pointed out in his report that if the property is subjected to conversion, it

will affect the 'Neerchals' (water channel) and will create environmental

issues.

5. Even though a report was submitted by the Agricultural Officer,

the Revenue Divisional Officer did not independently consider whether the

property had been subjected to conversion prior to 2008 and also

whether the land is suitable for paddy cultivation or not. This Court had

in the decision in Muraleedharan Nair R. v. Revenue Divisional

Officer [2023 (4) KHC 524] had observed that the Revenue Divisional

Officer ought not to merely follow the report of the LLMC or the

Agricultural Officer and must independently assess the status of land

especially as to whether the conversion would affect paddy cultivation in

the land or in the nearby paddy lands or wet lands. Such a consideration

is not seen carried out by the Revenue Divisional Officer. Therefore, the

impugned order cannot be said to be issued in accordance with law.

6. Considering the circumstance that the report of the Agricultural

Officer has stated that the property has the characteristics of a paddy

land, I am of the view that a fresh consideration is necessary by the

Revenue Divisional Officer taking into account the decision in

Muraleedharan Nair's case (supra) as well as the observations made

herein above. If in case the Revenue Divisional Officer is of the view that

the report of the KSREC is necessary, the petitioner is at liberty to file an

appropriate application before the Agricultural Officer seeking production WP(C) NO. 29937 OF 2023

of such a report. The Revenue Divisional Officer will be at liberty to

initiate appropriate proceedings to independently assess the nature of

land in accordance with the provisions of the statute. A fresh decision, as

directed above will be taken, bearing in mind the parameters provided in

Rule 4(f) of the Rules, as expeditiously as possible, at any rate, within an

outer period of three months from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 29937 OF 2023

APPENDIX OF WP(C) 29937/2023

PETITIONER'S EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 23.05.2022

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK

Exhibit P3 THE TRUE COPY OF THE REPORT DATED 13.02.2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE 2ND RESPONDENT

Exhibit P4 THE TRUE COPY OF THE ORDER NO.

RDOMDY/656/2022.K DATED 08.04.2022

Exhibit P5 THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY

Exhibit P5 A THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY

Exhibit P5 B THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY

Exhibit P5 C THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY

Exhibit P5 D THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY

Exhibit P5 E THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY

Exhibit P5 F THE TRUE COPIES OF PHOTOGRAPHS OF SUBJECT PROPERTY