Kerala High Court
Mohammed M.V vs The State Of Kerala on 27 March, 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
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 26105 OF 2023
PETITIONER:
MOHAMMED M.V
AGED 57 YEARS
S/O. M.V IMBICHIKOYA, SHANAS MAHAL, OLVANNA P.O.,
KOZHIKODE, PIN - 673019
BY ADVS.
N.ANAND
RAJESH O.N.
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
CIVIL STATION, ERANHIPALAM, KOZHIKODE, PIN - 600001
3 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
KOZHIKODE, PIN - 600001
4 THE AGRICULTURAL OFFICER
KUNDHAMANGALAM AGRICULTURAL OFFICE,
KUNNAMANGALAM, PIN - 673571
BY ADV.
SRI. RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26105 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.26105 of 2023
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Dated this the 27th day of March, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i. Issue a Writ of certiorari or any other writ,
order or direction quashing Exhibit P13.
ii. Issue Writ of mandamus or any other writ,
order direction directing respondents 3 and 4 to
delete petitioners properties of 40.8906 Ares in Re.
Sy. Nos. 66/1, 66/2A, and 65/4 Kuttikattoor Village
from the data bank prepared for that village.
iii. Dispense with the requirement of producing
English translated copies of the documents in
vernacular
WP(C) NO. 26105 OF 2023
iv. issue such other writ, order or direction as this
Hon'ble court may deem fit in the facts and
circumstances of the case" SIC
2. Petitioner with others purchased 40.8906
Ares of land in Kuttikattoor Village, Kozhikode by Ext.
P1 Sale deed. According to the petitioner,
jurisdictional Panchayath rejected Petitioner's
application to construct an auditorium because the
land was indicated as 'Nilam' and included in the data
bank. The petitioner applied under Section 3 A of the
Kerala Paddy Land and Wet Land Act, 2008 (for short
'Act 2008') to remove the property from the data bank.
When the Section 3A application remained
unconsidered, Petitioner moved this Hon'ble Court, by
which Ext. P8 order was passed directing the
WP(C) NO. 26105 OF 2023
Agricultural Officer to seek report from the KSREC
and then physically inspect the property. The KSREC
by Ext. P9 report found that the land had mixed
cultivation at least from 2005 onwards. The
Agricultural officer by Ext. P10 reported that the
property was under mixed vegetation and that it had
several 35-year-old trees and that it was not wet land
as per Act 2008. The Petitioner then applied before
the Agricultural officer by Ext. P11 under the law then
prevailing to remove the property from data bank. The
Agricultural officer by Ext.P13 found several fully
grown 35 year-old trees in the property and for that
reason refused to remove the property from the data
bank is the submission. Aggrieved by Ext.P13, this
WP(C) NO. 26105 OF 2023
writ petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. When this writ petition came up for
consideration, the learned counsel for the petitioner
submitted that as per the Kerala Conservation of
Paddy Land and Wet Land Rules, the petitioner is
ready to file a Form 5 application. If that be the case,
I think, the petitioner can be allowed to file a Form 5
application. If the Form 5 application is filed, the
authority concerned will consider the same, in the
light of Ext.P10.
Therefore, this writ petition is disposed of with
the following directions:
WP(C) NO. 26105 OF 2023
I. The petitioner is free to submit a Form 5
application before the 3rd respondent within a
period of three weeks from the date of receipt of
a copy of this judgment.
II. Once, such an application in Form 5 is received,
the 3rd respondent will consider the same and
pass appropriate orders in it, in the light of
Ext.P10, as expeditiously as possible, at any
rate, within a period of three months from the
date of receipt of the application.
III. The petitioner will produce a certified copy of the
judgment along with a copy of the Form 5
application before the 3rd respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 26105 OF 2023
APPENDIX OF WP(C) 26105/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED DATED
23.08.2014 REGISTERED AS NO.
2875/1/2014 REGISTERED AT THE
CHATHAMANGALAM SRO
EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE DATED
21.03.2016 ISSUED BY THE VILLAGE
OFFICER, KUTTIKATOOR
EXHIBIT P3 A TRUE COPY OF THE TAX PAID RECEIPT
DATED 16.06.2022 ISSUED BY THE VILLAGE
OFFICE, KUTTIKATOOR IN RECEIPT NO.
EXHIBIT P4 A TRUE COPY LOCATION SKETCH OF THE
PROPERTY
EXHIBIT P5 A TRUE COPY OF THE SKETCH OF THE
PROPOSED AUDITORIUM
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION
DATED 27.06.2017 ISSUED BY THE
SECRETARY, KUNNAMANGALAM GRAMA
PANCHAYATH IN NO. A3-6198/16
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION
DATED 23.08.2016 PREFERRED BY THE
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED
08.12.2016 ISSUED BY THIS HON'BLE
COURT IN WP(C) NO. 38791 OF 2016
EXHIBIT P9 A TRUE COPY OF THE REPORT DATED
29.03.2017 ISSUED BY THE DIRECTOR,
KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE IN NO.
WP(C) NO. 26105 OF 2023
A/172/2015/KSREC TO RESPONDENT NO.4
EXHIBIT P10 A TRUE COPY OF THE FIELD INSPECTION
REPORT DATED NIL ISSUED BY
EXHIBIT P11 A TRUE COPY OF THE APPLICATION DATED
27.10.2017 PREFERRRED BY THE
PETITIONER BEFORE RESPONDENT NO.4
EXHIBIT P12 A TRUE COPY OF THE UNDATED RECEIPT IN
NO. 310 ISSUED BY THE OFFICE OF THE
RESPONDENT NO.4
EXHIBIT P13 A TRUE COPY OF THE REPORT DATED
10.03.2023 ISSUED BY RESPONDENT NO.4
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
