Sasidharan Nair vs Revenue Divisional Officer
2024 Latest Caselaw 25998 Ker

Citation : 2024 Latest Caselaw 25998 Ker
Judgement Date : 30 September, 2024

Kerala High Court

Sasidharan Nair vs Revenue Divisional Officer on 30 September, 2024

                                                      2024:KER:73238
                                   1
WP(C) No.39922 of 2023

           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. 39922 OF 2023

PETITIONER:

               SASIDHARAN NAIR, AGED 72 YEARS
               S/O.SREEDHARAN NAIR, RISHIKESH PUTHIYEEDOM,
               KAYAMKULAM, ALAPPUZHA, PIN - 690502

               BY ADVS.
               R.SANJITH
               C.S.SINDHU KRISHNAH
               SURAJ KRISHNAN
               SIDHI K. KUTTY
               PRIYA RANI SREEKUMAR
               GOURI LAIJU
               ALEENA JOSHY


RESPONDENTS:

    1          REVENUE DIVISIONAL OFFICER,
               REVENUE DIVISIONAL OFFICE, GROUND FLOOR,
               PATTIMATTOM &#8211; MUVATTUPUZHA RD,
               MUVATTUPUZHA, KERALA, PIN - 686673

    2          VILLAGE OFFICER, KIZHAKKAMBALAM VILLAGE,
               KIZHAKKAMBALAM, KERALA, PIN - 683562

    3          AGRICULTURAL OFFICER, KRISHI BHAVAN,
               KIZHAKKAMBALAM, KERALA, PIN - 683562

               SMT.DEVISHRI, GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   30.09.2024,   THE   COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
                                                               2024:KER:73238
                                     2
WP(C) No.39922 of 2023

                               JUDGMENT

Dated this the 30th day of September, 2024

The writ petition is preferred assailing Ext.P1 order, whereby

Form-5 application has been rejected.

2. It is stated, the petitioner is the owner of the property

lying in Re.Sy.No.351/9 of Kizhakkambalam Village, Kunnathunadu

Taluk, Ernakulam District. The extent of property is 60.21 Ares. Since

the property is included in the Data Bank, the petitioner has preferred

Form-5 Application under Rule 4D of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. However, that was rejected as per

Ext.P1. In this regard, it is contended by the petitioner that the

petitioner purchased the property in 23.02.1994 and at that point of

time, the land was fully reclaimed. There was no paddy cultivation

existed there. Even the Satellite picture received from the KSRSEC also

testifies the same as per Ext.P5 report. On these assertions, it is

contended that Ext.P1 order is a non speaking order.

3. In response to that, the learned Government Pleader

submitted that Ext.P1 order was issued by the 1 st respondent after

obtaining report from the Agricultural Officer, after conducting a site

inspection. On the basis of such report, it was decided to retain the

property in the Data Bank.

2024:KER:73238

4. I have heard Sri.R.Sanjith, the learned counsel for the

petitioner and the learned Government Pleader appearing for the

respondents.

5. On going by Ext.P1 order, it appears that there is no

proper application of mind by the 1 st respondent. What is stated for

rejecting the application is that the property in question was reclaimed

after 2008. There is no valid reason assigned in the impugned order for

rejecting Form 5 application especially with respect to the cultivability

of land and preserving such land for paddy cultivation which is the

basic purpose of the Kerala Conservation of Paddy Land and Wetland

Act, 2008. In this regard, it is also to be noted that the adjacent

properties are also converted on the strength of the orders issued by

the 1st respondent.

6. Under such circumstances, it is apposite to set aside

Ext.P1 order and to remand back the matter to the authority

concerned.

Therefore, this writ petition is disposed of in the following

manner:

Ext.P1 is set aside, and the matter is remanded back to the

1st respondent, who shall forward Form-5 application to the

designated officer, i.e., the Deputy Collector (LAR) 2024:KER:73238

Kunnathunadu, to reconsider the same, after ascertaining

the facts in the light of Ext.P5 report from KSRSEC and also

considering the report submitted by the 3 rd respondent. The

entire exercise shall be completed within a period of four

months from the date of receipt of a certified copy of this

judgment. The petitioner shall produce a copy of this writ

petition with all necessary documents required for

adjudication of the matter before the Deputy Collector

(LAR), Kunnathunadu for compliance.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:73238

APPENDIX OF WP(C) 39922/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER BEARING NO. A15- 5618/22/KDIS DATED 20/05/2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE SALE DEED BEARING NO.845/1994 DATED 23/02/1994 ON THE FILES OF THE OFFICE OF THE SUB REGISTRAR,PUTHEN CRUZ

Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 15/09/2023 PERTAINING TO SAID LAND

Exhibit P4 TRUE COPY OF THE SKETCH OF THE SAID LAND PREPARED BY RTD.SURVEY SUPERINTENDENT

Exhibit P5 TRUE COPY OF THE KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE (KSREC) REPORT OF LAND LYING IN RE.SY.NO.351/9 OF KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED BY THE 3RD RESPONDENT

Exhibit P7 TRUE COPY OF THE RTI APPLICATION DATED 14/10/2023

Exhibit P8 TRUE COPY OF THE REPLY TO EXHIBIT P7 RTI APPLICATION DATED 06/11/2023 ISSUED BY 3RD RESPONDENT

Exhibit P9 TRUE COPY OF THE PHOTOGRAPHS OF THE SAID LAND