Kerala High Court
Abdul Salaam P vs State Of Kerala on 30 September, 2024
WP(C) NO. 32439 OF 2024 1
2024:KER:72609
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. 32439 OF 2024
PETITIONER:
ABDUL SALAAM P
AGED 61 YEARS
S/O MUHAMMED KARIKKAL, PUNNAPAALA HOUSE,
KARIYAAMPOYIL, PUNNAPAALA P.O, MALAPPURAM., PIN
- 679328
BY ADVS.
MANSOOR ALI
BIJITH S.KHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DISTRICT COLLECTOR MALAPPURAM
COLLECTORATE , UP HILL, MALAPPURAM.., PIN -
676505
3 REVENUE DIVISIONAL OFFICER, PERITHAMANNA
SHORNUR- PERINTHALMANNA ROAD, SHANTI NAGAR,
PERINTHALMANNA. MALAPPURAM, PIN - 679322
4 VILLAGE OFFICER THIRUVALI
THIRUVALI, NILAMBUR THALUK, MALAPPURAM., PIN -
679328
5 THE AGRICULTURAL OFFICER , THIRUVALI
NILAMBUR THALUK, MALAPPURAM., PIN - 679328
OTHER PRESENT
SMT.AMMINIKUTTY.K- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 32439 OF 2024 2
2024:KER:72609
JUDGMENT
Dated this the 30th September, 2024
The writ petition is preferred being
aggrieved by the issuance of Ext.P3 whereby form 5
application has been rejected. It is stated that the
petitioner is the absolute owner and in possession of the
landed property having an extent of 25.68 Ares comprised
in Re.Survey No.445/1-1 of Thiruvali Village in Nilambur
Taluk.
2. It is further stated that the petitioner's
land was included in the data bank by mistake, despite
the fact that the land is not suitable for paddy cultivation
and converted much before the Act came into existence.
Accordingly, the petitioner has preferred Form 5
application dated 16.06.2022. Thereafter, the 3 rd
respondent, on obtaining report from the 5th respondent,
rejected Form 5 application as per Ext.P3. It is contended
in this regard that the report of the 5 th respondent is
vague and does not state whether the land is suitable for
2024:KER:72609
cultivation especially when the report states that all the
adjoining lands are not paddy land and were converted
long before. It is further contended that, the 3 rd
respondent did not call for any reports from Kerala State
Remote Sensing and Environment Centre (KSREC) and
not followed the procedures prescribed under Rule 4F of
the Kerala Conservation of Paddy and Wetland
Rules,2008.
3. I have heard Sri.Mansoorali, the learned
counsel appearing for the petitioner and Smt.
Amminikutty K., the learned Government Pleader
appearing for the respondents.
4. On going by the wording in Ext.P3, with
respect to the report submitted, the property in question
lying low from the road level and it is surrounded by water
channels and if it is converted, that will affect the natural
flow of water and environment. On the basis of such
report, it was decided by the 3rd respondent, by exercising
the powers vested under Rule 4 (4F), to retain the
property in the data bank. On examining the mode of
decision taken by the 3rd respondent, it appears that no
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proper application of mind was revealing from the order
issued as per Ext.P3. Infact, the 3 rd respondent while
considering Form 5 application has to ensure that the
property cultivable alone can be included in the data
bank. Here, nothing is stated with respect to cultivablilty
of land while deciding Form 5 application.
5. Therefore, I do not think it is sustainable
before the provisions of Kerala Conservation of Paddyland
and Wetland Act and Rules, 2008. Accordingly, Ext.P3 is
set aside and remand back to the authority for fresh
consideration. In this regard, it is further submitted by
the learned Government Pleader that since the 3 rd
respondent is no more in authority to reconsider the
same. The Deputy Collector, Collectorate, Malappuram is
the authority for considering the Form 5 application at
present. Accordingly, the direction is issued to the
Deputy Collector, Collectorate, Malappuram to reconsider
Form 5 application which is produced as Ext.P2 in this writ
petition. In this regard, the petitioner shall produce a
copy of the writ petition along with this judgment before
the Deputy Collector, Malappuram for fresh consideration
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of Form 5 application which is produced as Ext.P2 along
with this writ petition. The entire exercise shall be
completed within a period of four months. This shall be
done after obtaining a fresh report from the Agricultural
Officer who is the 5th respondent and on receipt of report
from the Agricultural Officer, Deputy Collector,
Malappuram shall consider and pass appropriate orders
within a further period of two months from the date of
receipt of a copy of the report from the 5 th respondent,
Agricultural Officer.
The writ petition is disposed of accordingly.
Sd/-
P.M.MANOJ
JUDGE
Anu
2024:KER:72609
APPENDIX OF WP(C) 32439/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POSSESSION
CERTIFICATE IN SY.NO: 445/1-1 OF
THIRUVALI VILLAGE ISSUED BY THE 4TH
RESPONDENT DATED 07.05.2024
Exhibit P2 THE TRUE COPY OF THE FORM 5
APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 16.06.2022
Exhibit P3 THE TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT HAVING NO 88/2023 DATED
13.02.2023
Exhibit P4 THE TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT HAVING NUMBER B3-705/24
DATED 17.01.2024
