Kerala High Court
Surayya @ Surayya Aboobacker vs The District Collector Thrissur on 2 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 14151 OF 2024
PETITIONER:
SURAYYA @ SURAYYA ABOOBACKER,
AGED 72 YEARS
W/O. MUHAMEDALI & D/O.ABOOBACKER, ARVADI HOUSE,
MALA.P.O, VADAMA VILLAGE, CHALAKKUDY TALUK, THRISSUR
DISTRICT, PIN - 680732
BY ADVS.
PRABHU K.N.
MANEESH.R
RESPONDENTS:
THE DISTRICT COLLECTOR THRISSUR,
1
COLLECTORATE THRISSUR, PIN - 680003
THE REVENUE DIVISIONAL OFFICER IRINJALAKUDA,
2 MINI CIVIL STATION CHEMMANDA ROAD, IRINJALAKUDA NORTH,
THRISSUR DISTRICT, PIN - 680125
THE TAHASILDAR CHALAKUDY TALUK,
3 THIRD FLOOR, MUNICIPAL TOWN HALL COMPLEX, CHALAKUDY,
THRISSUR DISTRICT, PIN - 680307
THE VILLAGE OFFICER VADAMA VILLAGE,
4 VADAMA, MALA, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
680732
THE AGRICULTURAL OFFICER MALA,
5
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680732
THE LOCAL LEVEL MONITORING COMMITTEE ,
(CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY
6 LAND AND WETLAND ACT 2008) REPRESENTED BY ITS CONVENOR
THE AGRICULTURAL OFFICER MALA, CHALAKUDY TALUK,
THRISSUR DISTRICT, PIN - 680732
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No. 14151 of 2024 2
MOHAMMED NIAS C.P., J.
==========================
W.P(C) No. 14151 of 2024
==========================
Dated this the 2nd day of August, 2024
JUDGMENT
This is the third round of litigation. The petitioner approached
this Court in WP(C) 29366 of 2023, challenging the order of the Local
Level Monitoring Committee (LLMC) that refused to remove the
property of the petitioner from the data bank. This Court found that
the KSREC report in the instant case indicates a linear feature/road
passing through the plot under plantations with fallow lands towards
the central part and a water body in the data of 2007, along with
mixed vegetation/trees and buildings observed in the data of 2010.
The site inspection also revealed the presence of 12 coconut trees,
aged more than 25 years old.
2. This court, in Ext.14 judgment relied on the decisions in
Muraleedharan Nair v. Revenue Divisional Officer [2023 (4)
KLT 270], Arthasasthra Ventures (India) LLP v. State of
Kerala [2022 (7) KHC 5911]. and Mather Nagar Residents
Association and Another v. District Collector , Ernakulam
others (2020 (2) KLT 192), which considered the issue and
Sudheesh v. Revenue Divisional Officer, [2023 (2) KLT 386],
which held that even if the property is left fallow, the land cannot be
brought within the definition of paddy land. This court notice had
despite the categorical declarations of law, the LLMC had taken in
decision without any application of mind and in this regard to the
judgments noticed above.
3. Accordingly, the impugned order was set aside with a
direction to reconsider the form-5 application submitted by the
petitioner in the light of the KSREC report.
4. In purported compliance with the above judgment,
Ext.P15 judgment order dated 26.03.2024 was passed by the Local
Level Monitoring Committee again reiterating more or less the same
reasons. It was noticed that a portion of the land was converted
before 2008, that the road was passing through the plot, and that
there are 12 coconut trees aged more than 25 years. It was also
noticed that in the neighbouring Survey numbers, the properties
were excluded from the data bank. A reading of Ext.P15 order
shows that the reasons given now are almost the in Ext.P11 that was
quashed by this Court in Ext.P14 judgment. Though this Court had in
Ext. P14 judgment referred to the binding precedents, none of the
principles have been considered while passing Ext. P15 order.
5. Accordingly, Ext.P15 order is quashed and there will be a
direction to the 6th respondent, Local Level Monitoring Committee to
forward the applications of the petitioner to the 2nd respondent
within three weeks from today with all the supporting documents.
The 2nd respondent or the Authorized Officer shall consider the
applications submitted by the petitioner for removing the property
from the data bank and pass fresh orders, in the light of the
observations made by this court as well as in Ext.P14 judgment and
pass fresh orders within two months from the date of receipt of a
copy of this judgment.
The impugned order is quashed and the Writ Petition is
allowed, as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mus
APPENDIX OF WP(C) 14151/2024
PETITIONER EXHIBITS
TRUE COPY OF THE PARTITION DEED NO.1423/1979
EXHIBIT P1
OF SRO MALA DATED 11.04.1979
TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY
EXHIBIT P2 VADAMA VILLAGE CHALAKUDY TALUK THRISSUR
DISTRICT DATED 30.06.2022
TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT
EXHIBIT P3 DATA BANK OF VADAMA VILLAGE, MALA GRAMA
PANCHAYAT
TRUE COPY OF THE APPLICATION UNDER RULE 4(6)
OF KERALA CONSERVATION OF PADDY LAND AND
EXHIBIT P4 WETLAND RULES, 2008 PREFERRED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT ALONG
WITH RECEIPT DATED 14/09/2017
TRUE COPY OF THE JUDGMENT IN WP(C).NO.7375 OF
EXHIBIT P5
2019 DATED 30.04.2019
TRUE COPY OF THE APPLICATION UNDER SECTION 6
(1) OF RIGHT TO INFORMATION ACT 2005
EXHIBIT P6
PREFERRED BY THE PETITIONER BEFORE THE 6TH
RESPONDENT DATED 20.04.2023
TRUE COPY OF THE REPLY OF THE 6TH RESPONDENT
EXHIBIT P7 TO THE EXHIBIT P6 APPLICATION DATED
20.05.2023
TRUE COPY OF THE MINUTES OF THE MEETING OF
EXHIBIT P8
THE 6TH RESPONDENT DATED 15.12.2015
TRUE COPY OF THE MINUTES OF THE MEETING OF
EXHIBIT P9
THE 6TH RESPONDENT DATED 03.04.2017
TRUE COPY OF THE MINUTES OF THE MEETING OF
EXHIBIT P10
THE 6TH RESPONDENT DATED 07.01.2019
TRUE COPY OF THE MINUTES OF THE MEETING OF
EXHIBIT P11
THE 6TH RESPONDENT DATED 26.11.2019
TRUE COPY OF THE MINUTES OF THE MEETING OF
EXHIBIT P12
THE 6TH RESPONDENT DATED 23.02.2021
TRUE COPY OF THE RELEVANT PAGE OF THE FINAL
EXHIBIT P13 DATA BANK OF VADAMA VILLAGE, MALA GRAMA
PANCHAYAT
TRUE COPY OF THE ORDER PASSED BY THIS
EXHIBIT P14 HONOURABLE COURT IN WP(C).NO.29366 OF 2023
DATED 23.02.2024
TRUE COPY OF THE PROCEEDINGS OF THE 6TH
EXHIBIT P15 RESPONDENT REJECTING EXHIBIT P4 APPLICATION
DATED 26-03-2024
