John A. I. vs The Revenue Divisional Officer
2024 Latest Caselaw 26003 Ker

Kerala High Court

John A. I. vs The Revenue Divisional Officer on 30 September, 2024

                                                         2024:KER:72947

            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. 19063 OF 2024

PETITIONER:

               JOHN A. I. ,
               AGED 80 YEARS
               ARIMBUR HOUSE, KALPAKA GARDENS, 4TH STREET,
               KOLAZHY, THRISSUR DISTRICT, PIN - 680010

               BY ADVS.
               ASOK KUMAR K.P.
               ABDUL HAMEED RAFI
               RAKESH S MENON



RESPONDENTS:

    1          THE REVENUE DIVISIONAL OFFICER,
               FIRST FLOOR, COLLECTORATE, CIVIL STATION,
               AYYANTHOLE, THRISSUR, PIN - 680003

    2          LOCAL LEVEL MONITORING COMMITTEE,
               MULANKUNNATHUKAVU GRAMA PANCHAYAT,
               REPRESENTED BY ITS CONVENER & AGRICULTURAL
               OFFICER, MULANKUNNATHUKAVU KRISHI BHAVAN,
               PIN - 680581

    3          AGRICULTURE OFFICER,
               KRISHI BHAVAN, MULANKUNNATHUKAVU,
               THRISSUR DISTRICT, PIN - 680581

               BY ADV
               SMT. PREETA K.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. 19063 OF 2024              2

                                                           2024:KER:72947

                               JUDGMENT

Dated this the 30th day of September, 2024

This writ petition is filed being aggrieved by the issuance of

Ext.P6 order, whereby Form-5 application preferred by the petitioner

before the 1st respondent has been rejected.

2. The petitioner is the absolute owner in possession

of an extent of 6.750 cents of land comprised in Survey No.275/1-9

in Killannur Village, Thrissur Taluk, Thrissur District.

3. The learned counsel for the petitioner submitted

that, there was no paddy cultivation during the introduction of the

Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short

"the Act 28 of 2008") and it was wrongly included in the data bank.

Under such circumstances, the petitioner preferred Ext.P4

application in Form No.5 under Rule 4(D) of the Kerala Conservation

of Paddy Land and Wetland Rules, 2018. However, by Ext.P6 order

the 1st respondent rejected Ext.P4 application in Form 5.

4. The learned Government Pleader submitted that

the LLMC has conducted an inspection and found that the property is

left fallow and no trees or other improvements are seen in the

property which would be the proof to show that the property is

converted prior to 2008. Under these circumstances, Form 5

application has been rejected by the competent authority.

2024:KER:72947

5. I have heard the learned counsel appearing for

the petitioner as well as the learned Government Pleader.

6. On considering the facts and circumstances

involved in this case, it appears that the 2 nd and 3rd respondents

have not made any proper application of mind on the ground

realities involved in the case, while passing the orders. Going

through Ext.P5 photographs, it is evident that huge trees are there

in the property. However, that facts have been completely

disregarded while passing the order. The 3rd respondent did not

venture to get the satellite picture from the KSREC to rule out the

suspicion.

7. Accordingly, Ext.P3 order is set aside and the

Deputy Collector (RR), Thrissur is directed to consider the matter

afresh after obtaining a report from the 3 rd respondent including the

KSREC pictures in order to rule out the status of the property on

the date of introduction of the Act 28 of 2008 and it also has to be

ascertained whether the land was cultivable on the particular date.

If the land is not cultivable on that date, then Form 5 application has

to be considered in that tune and pass appropriate order after

following necessary formalities. The petitioner is free to produce

copy of the writ petition along with all necessary documents required

2024:KER:72947

for adjudication of the matter before the Deputy Collector (RR),

Thrissur. The entire exercise shall be completed within a period of

four months from the date of receipt of copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE AJ

2024:KER:72947

APPENDIX OF WP(C) 19063/2024

PETITIONER EXHIBITS

EXHIBIT P-1 TRUE COPY OF THE SALE DEED NO.5480/2012 DATED 27.10.2012 OF SRO, THRISSUR

EXHIBIT P-2 TRUE COPY OF THE SYSTEM GENERATED RECEIPT DATED 10.05.2023

EXHIBIT P-3 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK GOT NOTIFIED IN GAZETTE NO. A3- 272/2021 DATED 16.01.2021

EXHIBIT P-4 TRUE COPY OF THE FORM 5 APPLICATION DATED 01.08.2023

EXHIBIT P- 5 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE GROUND REALITY OF THE LAND

EXHIBIT P- 6 TRUE COPY OF THE ORDER NO. 6274/2023 DATED 13.03.2024 ISSUED BY THE 1ST RESPONDENT