Kerala High Court
Sunny Chacko vs The District Collector on 12 November, 2024
2024:KER:85140
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(C) NO. 21875 OF 2020
PETITIONERS:
1 SUNNY CHACKO
AGED 55 YEARS
S/O.T.C. CHACKO, THOTTUNGAL HOUSE,
KUNNAMKARI P.O, CHANGANASSERY-686 102
2 VALSAMMA REJI,
AGED 51 YEARS
W/O. REGIMON DEVASSYA, PERUMBRAYIL,
MAMBUZHAKARI, RAMANKARI, PIN-689 595
BY ADVS.
S.SUDHISH KUMAR
SRI.K.B.DAYAL
RESPONDENTS:
1 THE DISTRICT COLLECTOR
VALSAMMA REJI, AGED 51 YEARS,
W/O. REGIMON DEVASSYA, PERUMBRAYIL,
MAMBUZHAKARI,
RAMANKARI, PIN-689 595
2 THE DISTRICT COLLECTOR,
1ST FLOOR, COLLECTORATE, CIVIL STATION,
ALAPPUZHA, KERALA, 688 011.
3 THE TAHASILDAR (LAND RECORDS),
TALUK OFFICE, KUTTANADU-688 504
SRI.RAJEEV GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.21875 of 2020
2
2024:KER:85140
P.M. MANOJ, J
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W.P.(C) No.21875 of 2020
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Dated this the 12th day of November, 2024
JUDGMENT
The writ petition is preferred challenging Ext.P4 order,
whereby the excavator bearing registration No.KL-66B-1996 has
been released temporarily. In fact, the vehicle was seized by
the Village Officer on the basis of a finding that the petitioner
herein was unauthorisedly converted the land in Survey
Nos.157/1D, 157/1B and 157/1A1 of Veliyanadu Village at
Kuttanad Taluk.
2. It is the case of the petitioner that the property was
reclaimed much prior to introduction of the Kerala Conservation
of Paddy Land and Wetland, Act and even going by the pictures
produced as Ext.P1 series, it appears that the coconut trees
planted by the side of water channel are more than 20 to 30
years of age. The excavator was seized on the ground that the
petitioner has utilised the said excavator for reclaiming the land.
2024:KER:85140
3. Even, going by Exts.P2 and P3 report of the
Agricultural Officer as well as Tahsildar, it appears that property
was reclaimed much prior to the introduction of the Kerala
Conservation of Paddy Land and Wetland, Act. The petitioner has
raised the level by further depositing soil on the said reclaimed
land. This fact is also made mention in Ext.P4 order stating that
the LLMC had already considered the issue for deleting the
property from the Data Bank and it has also taken decision to
remove the property from the Data Bank.
4. In Ext.P4 releasing order, the District Collector has
found that, on obtaining report from the KSREC, it has to be
ascertained whether the property has converted prior to 2008. If
it is not, the vehicle owner will have to pay 1.5 times the rate of
the excavator and decision shall be taken only after obtaining
report from the KSREC.
5. The writ petition was filed in the year 2020, and it is
pending since then, awaiting report from the KSREC. I don't
think, it is appropriate to keep the writ petition pending, only for
want of report from the KSREC. By this time the report would
have been received by the Agricultural Officer. If it is received,
the District Collector shall consider the said report and take a
decision with respect to the time of conversion of the property.
2024:KER:85140
On taking such decision, the District Collector shall take
appropriate decision for permanent release of the vehicle.
In the aforesaid facts and circumstances of the case,
the writ petition is disposed of and the entire exercise as
directed above shall be completed within a period of four
months from the date of receipt of a certified copy of the
judgment, if it is not already finalised.
Sd/-
P.M.MANOJ
JUDGE
sss
2024:KER:85140
APPENDIX OF WP(C) 21875/2020
PETITIONER EXHIBITS
EXHIBIT P1 nil
EXHIBIT P1 A PHOTOGRAPH OF COCONUT TREES STANDING IN
THE RECLAIMED LAND.
EXHIBIT P1 B PHOTOGRAPH OF COCONUT TREES STANDING IN
THE RECLAIMED LAND.
EXHIBIT P1 C PHOTOGRAPH OF COCONUT TREES STANDING IN
THE RECLAIMED LAND.
EXHIBIT P2 PHOTOSTAT COPY OF THE REPORT NO. KBV
09(A)/2020-21 ISSUED BY THE 2ND
RESPONDENT DATED 27.08.2020 TO THE 1ST
RESPONDENT.
EXHIBIT P3 PHOTOSTAT COPY OF THE REPORT SUBMITTED
BY THE 3RD RESPONDENT BEFORE THE 1ST
RESPONDENT DATED 17.9.2020.
EXHIBIT P4 PHOTOSTAT COPY OF THE ORDER NO. C10-
3602/2020 OF THE 1ST RESPONDENT DATED
23.9.2020.
