Kerala High Court
Hajisa P.V vs Revenue Divisional Officer on 30 September, 2024
WP(C) NO. 34045 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34045 OF 2024
PETITIONER:
HAJISA P.V
AGED 38 YEARS
W/O SHAMSU MOHAMMEDKUTTY PADINHAREVALAPPIL, PONNANI, PONNANI
NAGARAM, PIN - 679583
BY ADVS.
V.N.HARIDAS
B.SHAMEERA
SAIFUDEEN T.S
NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
TIRUR REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
TIRUR, PIN - 676101
2 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, AGRICULTURAL
OFFICE, KRISHI BHAVAN, EZHUVATHIRUTHI, TIRUR, PIN - 679583
3 THE AGRICULTURAL OFFICER
AGRICULTURAL OFFICE, KRISHI BHAVAN, EZHUVATHIRUTHI,
TIRUR, PIN - 679583
4 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
C-BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM, REP BY ITS DIRECTOR,
PIN - 695033
SMT.AMMINIKUTTY - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is preferred being aggrieved by the rejection
of Form-5 application as per Ext.P6 even after Ext.P5 report by
the Agricultural Officer.
2. The petitioner stated to be the owner of the property
having an extent of 2.16 Ares of land comprised in Survey No.8/7-
5 in Block 2 Situated in Ezhuvathiruthi Village in Ponnani Taluk,,
has preferred Ext.P4 application under Form-5 of the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008,
(for brevity, the Act and the Rules).
3. It is stated by the learned counsel for the petitioner that
the property remains as 'garden land' for more than two decades.
The petitioner with an intention to construct a residential building
in the property has approached the Authorities and it came to
know that the property is described as 'Nanja' in revenue records
and the same is erroneously included in the data bank as 'paddy
land'. Hence, the petitioner has preferred form - 5 application
(Ext.P4) for removing the property from the data bank.
4. It is further submitted that the 3rd respondent -
Agricultural Officer has forwarded a report partly favouring the
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petitioner with a condition that if the natural flow of water through
the property is preserved, the application preferred by the
applicant can be considered.
5. Though a favourable report has been put forth
by the Agricultural Officer, the Revenue Divisional Officer has
rejected the application on the basis of a further report obtained
from the Agricultural Officer. It appears that on getting further
direction from the Revenue Divisional Officer, the Agricultural
Officer has deviated from the earlier report. On the basis of such
earlier report, the Revenue Divisional Officer had to dismiss Form
- 5 application as per Ext.P6.
6. Counter to the argument, the learned
Government Pleader submitted that in fact, the second report
obtained by the Revenue Divisional Officer on considering Form-5
application is not in favour of the petitioner as the property is
converted after 2008. That is the reason why the application has
been rejected as it is not permitted under the provisions of the Act
and Rules.
7. I have heard Sri.Haridas V.N, learned counsel for
the petitioner and Smt.Amminikutty, learned Government Pleader
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for respondents.
8. Considering the facts and circumstances of the case,
it appeals to me that the petitioner seeks for conversion of 2.16
Ares of land for the purpose of a residential building, for which,
the Agricultural Officer forwarded a favourable report stating that
the property involved in question is not in the nature of paddy
land and it is not at all a cultivable land. However, the property
appears in the data bank as 'paddy land', but the same is not a
paddy land. On the boundaries of the said property, it appears
that some residential buildings as well as some other plantations
and some coconut trees are also found as part of the property,
which is aged more than 20 years. However, on a further direction
from the Revenue Divisional Officer while considering Form - 5
application, the Agricultural Officer changed the view observed in
Ext.P5 and further reported that the property appears to be
converted after 2008.
9. On going by the facts involved, I am not convinced
that Ext.P6 is a judicious decision taken by the 1st respondent.
Accordingly, I prefer to set aside Ext.P6 and direct to reconsider
the same. Accordingly, there will be a direction to the 1 st
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respondent - Revenue Divisional Officer, now the Authority has
changed thereby the Deputy Collector (RR), Malappuram is
directed to reconsider Ext.P4 application after obtaining report
from the Agricultural Officer in this regard. The 3rd respondent -
Agricultural Officer shall obtain a report from the KSREC in that
regard. He shall direct the petitioner to remit the necessary fees in
that regard and after obtaining such report, the Agricultural
Officer shall forward a report to the Deputy Collector (RR),
Malappuram in this regard and on receiving such report, the
Deputy Collector (RR) shall consider and pass appropriate orders
on Ext.P4 application within a period of three months from the
date of receipt of the report from KSREC. The entire exercise shall
be completed within a period of four months.
Accordingly, this writ petition is disposed of.
Sd/-
P.M.MANOJ
JUDGE
rp
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APPENDIX OF WP(C) 34045/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT FOR THE
YEAR 2023-2024 DATED 04.11.2023 ISSUED FROM
ISSUED FROM EZHUVATHIRUTHI VILLAGE OFFICE
Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED TO THE PETITIONER FOR THE SAID LAND
FROM THE EZHUVATHIRUTHI VILLAGE OFFICE DATED
06.11.2023
Exhibit P3 A TRUE COPY OF THE EXTRACT OF THE DATA BANK
REGISTER DATED NIL
Exhibit P4 A TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 09.07.2021
Exhibit P5 A TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT EZHUVATHIRUTHI AGRICULTURE OFFICER
DATED 03.08.2021 FORWARDED TO 1ST RESPONDENT
Exhibit P6 A TRUE COPY OF THE ORDER BEARING NUMBER
RDOTIR/780/2022-K1 DATED 20.10.2023 ISSUED BY
THE 1ST RESPONDENT
