Chandran.K vs Secretary To Department Of Agriculture
2024 Latest Caselaw 17138 Ker

Kerala High Court

Chandran.K vs Secretary To Department Of Agriculture on 20 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                   WP(C) NO. 31552 OF 2018
PETITIONER:

         CHANDRAN.K
         AGED 46 YEARS, S/O. KUNJU,
         KARAMBAKKAD, PIRAYIRI POST, PALAKKAD DISTRICT.
         BY ADV RAJESH SIVARAMANKUTTY

RESPONDENTS:

    1     SECRETARY TO DEPARTMENT OF AGRICULTURE
          (NCA SECTION), SECRETARIAT,
          THIRUVANANTHAPURAM -
          (REVISIONAL AUTHORITY UNDER KERALA CONSERVATION OF
          PADDY LAND AND WETLAND ACT, 2008)
    2     THE DISTRICT COLLECTOR,
          PALAKKAD CIVIL STATION, PALAKKAD 678001,
          APPELLATE AUTHORITY UNDER KERALA CONSERVATION OF
          PADDY LAND AND WETLAND ACT 2008
    3     DISTRICT LEVEL AUTHORIZED COMMITTEE,
          PALAKKAD DISTRICT LEVEL MONITORING COMMITTEE UNDER
          THE PROVISIONS OF THE KERALA CONSERVATION OF PADDY
          LAND AND WET LAND ACT, PALAKKAD BY ITS CHAIRMAN-
          REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          PALAKKAD 678001
    4     LOCAL LEVEL MONITORING COMMITTEE,
          UNDER THE PROVISIONS OF THE KERALA CONSERVATION OF
          PADDY LAND AND WET LAND ACT,
          REPRESENTED BY ITS CONVENER - AGRICULTURAL
          OFFICER, OFFICE OF THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, PIRAYIRI, PALAKKAD
    5     THE VILLAGE OFFICER,
          PIRAYIRI VILLAGE, PALAKKAD DISTRICT
          BY ADV GOVERNMENT PLEADER SRI.B.S.SYAMANTAK, GP

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.31552/2018

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.31552 of 2018
             ----------------------------------------------
            Dated this the 20th day of June, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. call for records leading to Exhibits P-6 and P-7 and quash the same by means of Writ of Certiorari or any other Writ order or Direction of like nature;

ii. issue a Writ of Mandamus or any other Writ in the like nature Direction or Order commanding the 4th respondent to recommend Exhibit P-2 in terms of Section 9(1) (8) to the 3rd Respondent within a time frame to be fixed, enabling the Petitioner to put up a residential building in property covered by Exhibit P-1;

iii. hold that Exhibit P-2 ought to be allowed in the light of Exhibit P-3 certificate issued by the 5th Respondent by means of an appropriate Writ Direction or Order;

iv. to pass such other orders fit and proper in the facts and circumstances of the case and that may be prayed hereafter. (SIC)

2. When this writ petition came up for consideration,

the Government Pleader submitted that admittedly the

petitioner obtained the property in the year 2015 as per

Ext.P1. In the light of the Full Bench decision of this Court in

Sabeena E.K. and Others v. District Collector, Ernakulam

and Others [2022 (2) KHC 673] the prayers in this writ

petition cannot be entertained.

The petitioner is free to take appropriate steps to remove

the land from the data bank if he advised so, as per the Kerala

Conservation of Paddy Land and Wetland Act.

With the above observation, this writ petition is disposed

of.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 31552/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF REGISTERED SAL DEED NO.

5245/2015 EXECUTED IN FAVOUR OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 12.1.2016 EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 5.1.2016 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LOCATION OF THE BUILDINGS AND THE NATURE OF LAND SURROUNDING THE PROPERTY OF THE PETITIONER EXHIBIT P5 TRUE COPY OF THE ORDER DATED NIL BEARING REFERENCE NO/ PRI 24/16=17 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12.3.2017 IN LRGI -2016 /60053/9 PASSED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER DATED 20.3.2018 IN SO (RT) NO. 239/2018 /KRISHI PASSED BY THE 1ST RESPONDENT EXHIBIT P8 COPY OF THE NOTARIZED AFFIDAVIT DATED 13.8.2020 EXECUTED BY VISWANATHAN IN RESPECT OF THE PROPERTY COVERED BY EXT.P1 RESPONDENTS' EXHIBITS R1(A) COPY OF THE DATA BANK WITH RESPECT TO THE SUBJECT OF SURVEY NUMBER R1(B) COPY OF THE MINUTES OF 4TH RESPONDENT LLMC