Kerala High Court
P.Gopalakrishnan Pillai vs District Collector on 20 May, 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
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 12951 OF 2023
PETITIONER:
P.GOPALAKRISHNAN PILLAI,
S/O.PARAMESWARAM PILLAI, B-17 UTHRADAM, S.S.KOVIL
LANE, KAWDIAR.P.O, THIRUVANANTHAPURAM - 695003
BY ADV.
SRI.P.GOPALAKRISHNAN PILLAI,(PARTY-IN-PERSON)
RESPONDENTS:
1 DISTRICT COLLECTOR,
CIVIL STATION, ALAPPUZHA COLLECTORATE P.O.,
ALAPPUZHA, PIN - 688001
2 RDO, CHENGANNUR,
O/O.THE RDO, CHENGANNUR, CHENGANNUR P.O.,
ALAPPUZHA, PIN - 689121
3 CHAIRPERSON, LOCAL LEVEL MONITORING COMMITTEE,
MUTHUKULAM GRAMA PANCHAYATH, MUTHUKULAM P.O.,
ALAPPUZHA DISTRICT, PIN - 690506
4 AGRICULTURAL OFFICER,
MUTHUKULAM, O/O.THE AGRICULTURAL OFFICER,
MUTHUKULAM, MUTHUKULAM P.O., ALAPPUZHA,
PIN - 690506
5 VILLAGE OFFICER,
MUTHUKULAM VILLAGE OFFICE, MUTHUKULAM P.O.,
ALAPPUZHA, PIN - 690506
BY ADV.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).14156/2023,
20561/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.12951, 14156 & 20561 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 14156 OF 2023
PETITIONER:
SATHYASHEELAN K.,AGED 72 YEARS
S/O.KUTTAPPAN, RESIDING AT SATHYABHAVANAM,
MUTHUKULAM SOUTH P.O., MUTHUKULAM, ALAPPUZHA,
PIN - 690506
BY ADVS.
J.VISHNU
ANU BALAKRISHNAN NAMBIAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, CHENGANNUR,
CHENGANNUR, ALAPPUZHA, PIN - 690502
2 THE AGRICULTURAL OFFICER,
MUTHUKULAM KRISHI BHAVAN, MUTHUKULAM P.O.,
KAYAMKULAM, ALAPPUZHA, PIN - 690506
3 THE VILLAGE OFFICER, MUTHUKULAM, MUTHUKULAM
P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690502
4 THE LOCAL LEVEL MONITORING COMMITTEE,
MUTHUKULAM GRAMA PANCHAYAT, REPRESENTED BY
PRESIDENT/CHAIR PERSON OF MUTHUKULAM GRAMA
PANCHAYAT, ALAPPUZHA, PIN - 690506
5 GOPALAKRISHNA PILLAI P., AGED 73 YEARS
S/O.LATE PARAMESHWARAN PILLAI, B/17,
UTHRADAM, S.S.KOVIL LANE, KAWDIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695003
BY ADV.SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).12951/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.12951, 14156 & 20561 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 20561 OF 2023
PETITIONER:
SATHEESAN,AGED 53 YEARS, S/O.BRHAMANANDAN,
EDAYODI KANNANKARA HOUSE, KEERIKKAD P.O,
RAMAPURAM, KARTHIKAPALLY, ALAPPUZHA DISTRICT,
PIN - 690516
BY ADV S.K.ADHITHYAN
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER, OFFICE OF THE
REVENUE DIVISIONAL OFFICE, CHENGANNUR,
ALAPPUZHA, PIN - 689121
2 PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE AGRICULTURAL OFFICER, ALAPPUZHA
DISTRICT, PIN - 690001
3 THE VILLAGE OFFICER, MUTHUKULAM VILLAGE
OFFICE, KARTHIKAPALLY, ALAPPUZHA DISTRICT,
PIN - 690506
4 MUTHUKULAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MUTHUKULAM P.O,
KARTHIKAPPALLY, ALAPPUZHA, PIN - 690516
5 LOCAL LEVEL MONITORING COMMITTEE,REPRESENTED
BY CONVENER, OFFICE OF THE MUTHUKULAM
VILLAGE, MUTHUKULAM P.O, KARTHIKAPPALLY,
ALAPPUZHA, PIN - 690506
6 AGRICULTURAL OFFICER, OFFICE OF THE
AGRICULTURAL OFFICER, MUTHUKULAM,
KARTHIKAPPALLY, ALAPPUZHA, PIN - 690506
BY ADV.SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2024, ALONG WITH WP(C).12951/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.12951, 14156 & 20561 of 2023
4
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) Nos. 12951, 14156 & 20561 of 2023
------------------------------------------------------
Dated this the 20th day of May, 2024
JUDGMENT
The above Writ petitions are connected and
therefore I am disposing of these three Writ petitions
by a common judgment.
2. I will narrate the facts in W.P.(C)No.12951 of
2023 first:
The petitioner is aggrieved by the impugned
orders issued by the 2nd respondent whereby the
petitioner's Form 5 application for removal of the
properties comprised in Re.Sy.No. 508/1, 508/2 and
508/8 of the of the Muthukulam Village, Karthikapally
Taluk, Alappuzha District and Form 6 application for
utilization of the properties for other purposes were
rejected. The petitioner is aggrieved mainly for the
W.P.(C) Nos.12951, 14156 & 20561 of 2023
reason that the authorities were not considered the
directions issued by this Court in Ext.P4 judgment
while passing the impugned orders. Hence the above
writ petition is filed.
3. Petitioners in W.P.(C) Nos.14156 of 2023 &
20561 of 2023 are subsequent purchasers of the
property from the petitioner in W.P.(C) No.12951 of
2023. Their applications were also not considered in
the light of the judgment in W.P.(C) No.5839 of 2017
which is produced as Ext.P4 in W.P.(C) No.12951 of
2023.
4. Heard the learned counsel appearing for the
petitioners in these Writ petitions and the learned
Government Pleader.
5. This Court perused Ext.P4 judgment
produced in W.P.(C) No.12951 of 2023. Admittedly,
Ext.P4 judgment is an inter parte judgment between
the parties in W.P.(C) No.12951 of 2023. It will be
better to extract the relevant portion of Ext.P4
W.P.(C) Nos.12951, 14156 & 20561 of 2023
judgment produced in W.P.(C) No.12951 of 2023:
"10. I have heard the petitioner and the learned
Government Pleader representing the respondents.
11. From the draft Data Bank produced by the
petitioner as Ext.P12, it can be seen that the land
comprised in 508/2 is "Thodu, Chira, Vattakkoona'.
The land comprised in Re-survey No.508/8 is "Chira,
Kuzhi, Vattakkoona". The said entry in the draft Data
Bank is not in dispute. The petitioner's attempt was to
construct a motorable pathway to the adjoining lands
owned by him. Such construction of motorable
pathway is not through a land where paddy is being
cultivated. The petitioner would contend that he has
not made any changes in land comprised in Re-survey
No.508/2.
12. The motorable pathway proposed is
exclusively through land in Re-survey No.508/8. In
Ext.P4 order of the District Collector, it has been
observed that the land in Resurvey No.508/8 has been
converted unloading three loads of gravel and by
planting Coconut saplings. In Ext.P15 order in revision,
the 2nd respondent has found that the land should be
treated as paddy land and the land ought to have been
described as paddy land in the Data Bank. The 2nd
respondent has stated that the land has to be
'regularised' as paddy land in the Data Bank. Holding
so, the 2nd respondent affirmed the order of the
District Collector and directed the authorities to take
W.P.(C) Nos.12951, 14156 & 20561 of 2023
steps to restore the land to its original position.\
13. The Advocate Commissioner who visited the
land has submitted a comprehensive report. The
Commissioner stated that the land comprised in Re-
survey No.508/8 was found fully filled and there were
Coconut palms of the age 10 to 15 years. In the land
comprised in Re-survey No.508/2, there are four
'Chira' and three 'Thodu'. The filled up area in Re-
survey No.508/2 was planted with Coconut trees,
which according to the Advocate Commissioner are 25
to 30 years old. It is therefore evident that such
conversion was done prior to the enactment of the Act,
2008.
14. The Advocate Commissioner also noted that
the Panchayat has laid underground pipes through the
drains situated between Re-survey No.508/7 an 508/6
which passes through the property comprised in Re-
survey No.508/8. It would indicate that there was no
paddy cultivation in the land for a long period. In fact,
the Advocate Commissioner has also categorically
stated that no paddy cultivation is seen in the
neighbouring lands and the water channel provided
under the property in Re-survey No.508/8 was not
found to aid any paddy cultivation.
15. The petitioner has only attempted to lay a
motorable pathway to his remaining land. The land in
Re-survey No.508/8 through which the pathway is
proposed is admittedly not a paddy land even as per
the remarks in the Data Bank. In view of the findings
W.P.(C) Nos.12951, 14156 & 20561 of 2023
of the Advocate Commissioner and in view of the
purpose for which the land is sought to be used by the
petitioner, this Court is of the considered view that
mechanical application of the penal provisions
contained in the Act, 2008 would result in grave
injustice.
16. In such circumstances, this Court is inclined
to set aside Ext.P15 order. Ext.P15 order is therefore
set aside.
Writ petition is disposed of as above."
6. Thereafter, Exts.P8 and P9 orders were
passed in W.P.(C) Nos.12951 of 2023 & 14156 of 2023
rejecting Form 5 and Form 6 applications. This Court
perused Exts.P8 and P9 orders. It would not show that
these orders were passed after adverting the findings
in Ext.P4 judgment. I am of the considered opinion
that the matter is to be reconsidered by the authorities
in the light of the observations in Ext.P4 judgment
produced in W.P.(C) No.12951 of 2023 and also after
getting KSREC report. In the light of the above
direction, no further direction is necessary in the other
two Writ petitions.
W.P.(C) Nos.12951, 14156 & 20561 of 2023
Therefore, these Writ petitions are disposed of in
the following manner:
1. Exts.P8 and P9 in W.P.(C) No.12951 of
2023 is set aside and the 2 nd
respondent is directed to reconsider the
matter in the light of the observations
in Ext.P4 judgment and also after
getting KSREC report from the
competent authority. The above
exercise shall be completed, as
expeditiously as possible, at any rate,
within a period of three months from
the date of receipt of a copy of this
judgment.
2. In the light of the above direction, no
further directions are necessary in W.P.
(C)Nos.14156 of 2023 & 20561 of 2023
because the petitioners in these cases
W.P.(C) Nos.12951, 14156 & 20561 of 2023
are the subsequent purchasers of the
property from the petitioner in W.P.(C)
No.12951 of 2023.
3. While passing orders as directed above,
an opportunity of hearing should be
given to the petitioners in W.P.(C)
Nos.14156 of 2023 & 20561 of 2023.
4. I also make it clear that the petitioners
in W.P.(C) Nos.14156 of 2023 & 20561
of 2023 are also free to file appropriate
applications in Form 5 and Form 6, if
necessary, in accordance with the
Kerala Conservation of Paddy land and
Wet Land Rules.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
W.P.(C) Nos.12951, 14156 & 20561 of 2023
APPENDIX OF WP(C) 14156/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT IN
THE NAME OF THE PETITIONER AND HIS
WIFE WITH REGARD TO RESURVEY
NO.508/2-1 OF BLOCK 16, MUTHUKULAM
VILLAGE, DATED 12.04.2021
EXHIBIT P1A A TRUE COPY OF THE TAX RECEIPT IN
THE NAME OF THE PETITIONER AND HIS
WIFE WITH REGARD TO RESURVEY
NO.508/2-3-1 OF BLOCK 16, MUTHUKULAM
VILLAGE, DATED 13.05.2022
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PORTION
OF THE DRAFT DATA BANK APPROVED BY
THE LLMC, MUTHUKULAM, GRAMA
PANCHAYATH
EXHIBIT P3 A TRUE COPY OF THE ORDER ISSUED BY
THE GOVERNMENT, G.O.
(R.T)NO.44/2017/AGRI DATED
17.01.2017
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PORTION
OF THE GAZETTE NOTIFICATION DATED
22.01.2021 ISSUED BY THE MUTHUKULAM
PANCHAYATH
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC.NO.5839/2017
DATED 28.09.2021
EXHIBIT P6 A TRUE COPY OF THE FORM-6
APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE RDO,
CHENGANNUR, DATED 28.02.2022
EXHIBIT P7 A TRUE COPY OF THE REPORT OF THE
LLMC, MUTHUKULAM VILLAGE, DATED
18.06.2022
EXHIBIT P8 A TRUE COPY OF ORDER NO.A-
11302/2022, DATED 04.03.2023 OF THE
4TH RESPONDENT REJECTING FORM-6
APPLICATION
W.P.(C) Nos.12951, 14156 & 20561 of 2023
EXHIBIT P9 A TRUE COPY OF ORDER NO.A-3972/2022,
DATED 04.03.2023 OF THE 4TH
RESPONDENT REJECTING FORM-5
APPLICATION
W.P.(C) Nos.12951, 14156 & 20561 of 2023
APPENDIX OF WP(C) 20561/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
NO. 5656904 DATED 24/8/2017 ISSUED
BY THE MUTHUKULAM VILLAGE
EXHIBITP2 TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONER AS MKB 03/17-18
DATED 26/9/2017
EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE 5TH
RESPONDENT DATED 29/11/2017
EXHIBIT P4 A TRUE COPY OF THE MINUTES OF THE
5TH RESPONDENT DATED 4/9/2019
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P (C)
NO. 5839/2017 DATED 28/9/2021 OF
THIS HON'BLE COURT
EXHIBITP6 A TRUE COPY OF THE FORM 6
APPLICATION FILED BY THE PETITIONER
BEFORE THE 1 ST RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE CHALAN RECEIPT
DATED 26/2/2022 PAID BY THE
PETITIONER
W.P.(C) Nos.12951, 14156 & 20561 of 2023
APPENDIX OF WP(C) 12951/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DRAFT DATA BANK
ISSUED IN THE OFFICIAL GAZETTE DATED
30-12-2010
EXHIBIT P1(A) A TRUE COPY OF THE DATE BANK
PUBLISHED AS PER KERALA GAZETTE
EXHIBIT P2 A TRUE COPY OF THE ORDER
NO.C8/27820/2014 DATED 18-04-2015
EXHIBIT P3 A TRUE COPY OF THE
G.O(RT)NO.44/2017/AGRI DATED 17-01-
2017 ISSUED BY THE DEPUTY SECRETARY,
DEPARTMENT OF AGRICULTURE
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN W.P.
(C) NO. 5839/2017 DATED 28-09-2021
EXHIBIT P5 A TRUE COPY OF THE FORM 6
APPLICATION DATED 15-12-2021
EXHIBIT P5(A) A TRUE COPY OF THE FORM 6
APPLICATION DATED 20-12-2021
EXHIBIT P6 A TRUE COPY OF THE FORM 5
APPLICATION DATED 26-02-2021
EXHIBIT P7 A TRUE COPY OF THE JUDGEMENT DATED
08-06-2022 IN W.P.(C). NO.
11741/2022 ON THE FILES OF THIS
HONOURABLE COURT
EXHIBIT P8 A TRUE COPY OF THE ORDER NO. A-
11302/2022 DATED 04-03-2022 ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P9 A TRUE COPY OF THE ORDER NO.
3972/2022 DATED 04-03-2022 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P10 A TRUE COPY OF THE REPORT DATED 18-
6-2022 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 6-
11-2023 IN W.P.(C). NO. 29568 OF
2023 ON THE FILES OF THIS HONOURABLE
COURT REPORTED IN 2023 KHC ONLINE
W.P.(C) Nos.12951, 14156 & 20561 of 2023
EXHIBIT P12 . A TRUE COPY OF THE REPLY DATED 26-
12-2016 GIVEN UNDER THE RIGHT TO
INFORMATION ACT, 2005 BY THE 5TH
RESPONDENT ALONGWITH THE RELEVANT
PORTION OF THE BASIC TAX REGISTER OF
THE PETITIONER'S PROPERTY COMPRISED
RE.SY.NO. 508/2 AND 508/8 OF
MUTHUKULAM VILLAGE, KARTHIKAPALLY
TALUK
EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED
28-6-2022 IN W.P.(C). NO. 18619 OF
2020 ON THE FILES OF THIS HONOURABLE
COURT
EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED
11-1-2016 SUBMITTED BY THE
PETITIONER UNDER CLAUSE 6 OF THE KLU
ORDER, 1967 ALONG WITH THE POSTAL
RECEIPT DATED 14-1-2016
EXHIBIT P15 A TRUE COPY OF THE REPLY DATED 20-8-
2021 ISSUED BY THE PUBLIC
INFORMATION OFFICER, O/O OF THE 1ST
RESPONDENT UNDER THE RIGHT TO
INFORMATION ACT, 2005
EXHIBIT P16 A TRUE COPY OF THE FIELD SKETCH OF
SURVEY NO. 508/2 OF BLOCK NO. 16 OF
THE MUTHUKULAM VILLAGE,
KARTHIKAPALLY TALUK
EXHIBIT P17 A TRUE COPY OF THE LETTER NO.
2467/21 DATED 20-12-2021 ISSUED BY
THE 2ND RESPONDENT TO 5TH RESPONDENT
ALONG WITH THE FORM NO. 6 AND THE
FIELD SKETCH OF SURVEY NO. 508/8 OF
BLOCK NO. 16 OF THE MUTHUKULAM
VILLAGE, KARTHIKAPALLY TALUK
EXHIBIT P18 A TRUE COPY OF THE FORM NO. 6 DATED
28-2-2022 SUBMITTED BY THE
PETITIONER ALONG WITH THE FIELD
SKETCH OF SY NO. 508/1 AND SY.NO.
508/2 OF BLOCK NO. 16 OF THE
MUTHUKULAM VILLAGE, KARTHIKAPALLY
TALUK
EXHIBIT P19 A TRUE COPY OF THE REPORT DATED 20-
6-2022 SUBMITTED BY THE 5TH
RESPONDENT BEFORE THE 2ND RESPONDENT
W.P.(C) Nos.12951, 14156 & 20561 of 2023
EXHIBIT P20 A TRUE COPY OF THE
ORDERNO.11297/2022 DATED 4.3.2023
ISSUED BY THE 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
