Kerala High Court
Devikalyani B vs State Of Kerala on 17 October, 2024
2024:KER:77357
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 5896 OF 2022
PETITIONER:
DEVIKALYANI B.,
AGED 42 YEARS
W/O. NANDA KUMAR, AMBADI, S.K NAGAR 202,
ASRAMAM WEST, KOLLAM- 691 002.
BY ADV B.MOHANLAL
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
1
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
THE DISTRICT COLLECTOR,
COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-
2
695043.
THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-
3
695 043.
THE TAHASILDAR (LR)
TALUK OFFICE, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-
4
695 121.
THE VILLAGE OFFICER,
ATHIYANNOOR VILLAGE, ATHIYANNOOR P.O.,
5
THIRUVANANTHAPURAM- 695123.
6 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-
WP(C) No.5896 of 2022
2
2024:KER:77357
695 021 (THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE
CONSTITUTED UNDER THE PROVISIONS OF THE KERALA PADDY
AND WET LAND ACT 2008).
BY ADV
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.5896 of 2022
3
2024:KER:77357
MOHAMMED NIAS C.P., J
-------------------------------------
W.P(C) No.5896 of 2022
-----------------------------------------------------------
Dated this the 17th day of October, 2024
JUDGMENT
The petitioner challenges Ext.P8, an order passed by the Local
Level Monitoring Committee rejecting the petitioner's request to delete
her property from the data bank.
2. Earlier the petitioner had approached this Court by filing
W.P.(C) No.5148/2017, in which an interim order was passed directing
the Agricultural Officer to seek a report about the lie and nature of the
property as it remained on the date of coming into force of the Kerala
Conservation of Paddy Land and Wet Land Act, 2008, from the
Director, Kerala State Remote Sensing and Environment Centre
(KSREC). It was also directed that upon receipt of the report, the LLMC
will pass orders on whether the petitioner's property is to be retained
in the data bank. The said writ petition was finally disposed of by
judgment dated 20.10.2017 along with a batch of cases, directing the
petitioners to prefer applications in the prescribed form before the
Local Level Monitoring Committee to correct entries in the data bank
2024:KER:77357
concerning their properties. Ext.P8 was the order passed pursuant to
the directions above noted.
3. Ext.P8, noticed that about 43 coconut trees aged more than
27 years. However, it found that the property in question is
waterlogged and therefore, rejected the request of the petitioner to
remove the same from the data bank.
4. A statement has been filed on behalf of the 3rd respondent,
contending that the petitioner has to make an application under Form-
5, as the application filed under Rule 3(a), for regularization of the
unauthorized reclamation of land could not be considered, as the
section was deleted on 23.11.2016. The said stand of the Government
is contrary to the judgment of this Court in Lalu P.S. v. State of
Kerala and Others [2020 (5) KHC 490] wherein this Court held
even after the amendment of the Rules on 30.12.2017, an application
can be preferred before the Local Level Monitoring Committee.
5. Though Ext.P8 notices the existence of coconut trees aged
more than 27 years, the only reason for rejecting the request of the
petitioner to remove the property from the data bank was that the
same was waterlogged. The same cannot be a reason either to include
the property as paddy land or wetland more so in the light of the
judgment of this Court in Mather Nagar Residents Association &
Another v. District Collector Ekm and Ors [2020 (2) KHC 94]
2024:KER:77357
wherein it was held that merely because a property is lying fallow and
gets waterlogged during rainy season or otherwise, it cannot be
termed as paddy land or wet land going by the Paddy Land And Wet
Land Act, 2008.
6. Going by the provisions of the Kerala Conservation of Paddy
Land and Wetland Act, 2008, "paddy land" is defined as all types of
land situated in the State where paddy is cultivated at least once in a
year or suitable for paddy cultivation but uncultivated and left fallow,
and includes its allied constructions like bunds, drainage channels,
ponds and canals. As per Sec.5(4), the Local Leval Monitoring
Committee have the power to prepare the data bank with the details of
the cultivable paddy land and wetland, within the area of jurisdiction of
the Committee, with the help of the map prepared or to be prepared
by the State Land Use Board or Centre-State Science and Technology
Institutions based on satellite pictures by incorporating the survey
numbers and extent in the data-bank and get it notified by the
concerned Panchayat/Municipality/Corporation, in such manner. A
reading of the above would show that what is to be included in a data
bank are the details of the cultivable paddy land and wetland. Of
course, taking note of the definition of paddy land as mentioned above,
such an exercise to find out whether a property is a paddy land or
whether it is cultivable or non-cultivable has to be ascertained taking
2024:KER:77357
into account the natural features of the land whether it is fit for
cultivation or not. The most relevant aspect therefore is to find
whether the land is fit for paddy cultivation.
7. Given the above discussion, since there is no finding in
Ext.P8 that the property is paddy field or cultivable one, Ext.P8 cannot
be sustained, and the same is accordingly quashed. There will be a
direction to the Local Level Monitoring Committee of which the 6th
respondent is the convener to pass fresh orders in the light of the
observations made above, within three months from the date of receipt
of a copy of this judgment.
The impugned order is quashed, and the writ petition is allowed
as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SCB
2024:KER:77357
APPENDIX OF WP(C) 5896/2022
PETITIONER EXHIBITS
THE TRUE COPY OF THE LAND TAX RECEIPT DATED
03-04-2017 FOR THE YEAR 2017-2018 ISSUED BY
EXHIBIT P1
THE 5TH RESPONDENT TO THE PETITIONER.
THE TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK OF THE PETITIONERS PROPERTY ISSUED
EXHIBIT P2
BY THE 6TH RESPONDENT.
THE TRUE COPY OF THE REPORT OF 175/16 DATED
05-03-2016, MAHAZAR LOCATION SKETCH AND A
CALCULATION SHEET FORWARDED BY THE 5TH
EXHIBIT P3 RESPONDENT TO THE 2ND RESPONDENT OBTAINED BY
THE PETITIONER UNDER RIGHT TO INFORMATION ACT
FROM THE 5TH RESPONDENT
THE TRUE COPY OF THE APPLICATION DATED 20-01-
2017 SUBMITTED BY THE PETITIONER BEFORE THE
EXHIBIT P4
RESPONDENTS 2,5 AND 6 AND ITS POSTAL RECEIPT
THE TRUE COPY OF THE ORDER DATED 15-02-2017
EXHIBIT P5 IN W.P(C) NO. 5148/2017 OF THIS HON'BLE COURT
TRUE COPY OF THE APPLICATION DATED 20-04-2017
SUBMITTED BY THE PETITIONER BEFORE THE 6TH
EXHIBIT P6
RESPONDENT ALONG WITH EXT P5
THE TRUE COPY OF THE COMMON JUDGMENT DATED
20-10-2017 IN W.P(C) NO. 5148/2017 OF THIS
EXHIBIT P7
HON'BLE COURT
THE TRUE COPY OF ORDER NO. KBN 11/2020-2021
DATED 04-03-2021 ISSUED BY THE LOCAL LEVEL
EXHIBIT P8
MONITORING COMMITTEE
