Kerala High Court
Noushad. M.S vs The Revenue Divisional Officer on 8 November, 2024
2024:KER:83302
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 8037 OF 2024
PETITIONER/S:
NOUSHAD. M.S,
AGED 35 YEARS
SON OF M.SALEEM, POKKAD HOUSE, MANGALAM PALAM, ANJUMOORTHI,
VADAKKENCHERY II VILLAGE, ALATHUR, PALAKKAD DISTRICT, PIN - 678682
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
SUMITHA SIV
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER,
PALAKKAD, PALAKKAD DISTRICT, PIN - 67800
2 LOCAL LEVEL MONITORING COMMITTEE,
VADAKKANCHERY, PALAKKAD DISTRICT REPRESENTED BY ITS CONVENER
AGRICULTURAL OFFICER, KRISHIBAVAN, VADAKKANCHERY, PALAKKAD
DISTRICT, PIN - 678683
3 AKSHAYA CENTRE PKD019,
VADAKKANCHERY, PALAKKAD DISTRICT, REPRESENTED BY ITS STAFF IN
CHARGE, PIN - 678683
4 DISTRICT PROJECT MANAGER,
AKSHAYA DISTRICT PROJECT OFFICE, NINAN'S COMPLEX, METTUPPALAYAM
STREET, PALAKKAD, PIN - 678001
BY ADVS.
SHRI.C.E.UNNIKRISHNAN SPL. G.P TO A.G
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 8037 OF 2024
2
MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No. 8037 OF 2024
.......................................................
Dated this the 08th day of November, 2024
JUDGMENT
The petitioner stated to be the owner and in possession of
the land having an extent of 5.66 Ares comprised in Re-Survey
No.185/41 (Old Survey No.185/1) in Vadakkenchery II Village,
Alathur Taluk, Palakkad District, purchased as per Ext.P2 sale
deed. The petitioner submits that tax has been remitted for the
said property, seen from Ext.P1.
2. It is contended that the land was converted before the
coming into force of the the Kerala Conservation of Paddy Land
and Wetland Act and Rules, 2008, (for short, the Act and the
Rules). It is also his contention that even though the land was
converted land before the introduction of the Paddy Act and Rules,
the same was classified as 'Nilam' in the village records and basic
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WP(C) NO. 8037 OF 2024
tax register. Therefore, the predecessors in interest of the
petitioner had approached the 1st respondent and submitted an
application under clause 6 of the Kerala Land Utilization order to
use 10 cents (except the way) for other beneficial purposes other
than paddy cultivation and it was allowed. He also submits that
while preparing the data bank concerning the petitioner's
property, the same is included as' filled 10 cents KLU.'
3. It is, therefore, his submission based on the judgment of
this Court in Basil V. Local Level Monitoring Committee [2024
(1) KLT 6], that since his property is not included in the final data
bank as a paddy land, he need not apply under Form-5 of the Act
and the Rules.
4. The prayer sought in the Writ Petition is to receive the
Form-6 application without insisting on the submission of the
Form-5 application. This Court had passed an interim order on
06.09.2024, directing the respondents to receive the application
submitted by the petitioner in Form-6, pending disposal of the
Writ Petition.
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WP(C) NO. 8037 OF 2024
5. A counter affidavit has been filed on behalf of the
Government, wherein it is stated that the petitioner's property is
included in the data bank and therefore, he has to first make an
application under Form-5 to exclude the land from the data bank
and only thereafter, he can make an application under Form-6.
6. Taking note of the fact that Ext.P3 data bank shows that
the petitioner's land is filled up and there is a reference to KLU
orders, though the KLU proceedings are not produced in this Writ
Petition, the respondents will consider the Form-6 applications
submitted by the petitioner for the extent covered by the KLU
order, after ensuring its authenticity and identity of the property,
and pass appropriate orders in the application submitted by the
petitioner under Form-6.
7. The learned counsel for the petitioner submits that his
application under Form 6 has not been received by the
respondents so far. Accordingly, there will be a direction to the
respondents to receive the Form-6 application, submitted by the
petitioner, if not already received. The 1st respondent, the
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Revenue Divisional Officer/authorised officer will consider the
application after obtaining inputs from the Village Officer
concerned and pass appropriate orders strictly in terms of the Act
and Rules, within three months from the date of receipt of a copy
of this judgment.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO. 8037 OF 2024
APPENDIX OF WP(C) 8037/2024
PETITIONER EXHIBITS
TRUE COPY OF TAX RECEIPT DATED 12.9.2023 ISSUED
BY THE VILLAGE OFFICER, VADAKKENCHERY II IN
Exhibit P1
CONNECTION WITH THE PROPERTY OF PETITIONER
TRUE COPY OF THE SALE DEED DATED 27.09.2016
REGISTERED AS DOCUMENT NO.2629/2016 SRO
Exhibit P2
VADAKKENCHERY
TRUE COPY OF THE RELEVANT PAGES OF THE DATA
Exhibit P3 BANK ISSUED BY THE SECOND RESPONDENT
TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT IN BASIL V. LOCAL LEVEL MONITORING
Exhibit P4
COMMITTEE 2024 (1) KLT 6
