Kerala High Court
Ramachandran T S vs The State Of Kerala on 25 September, 2024
WP(C) NO. 25911 OF 2022 1
2024:KER:71577
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA,
1946
WP(C) NO. 25911 OF 2022
PETITIONER:
RAMACHANDRAN T S
AGED 58 YEARS
T.S, S/O.SANKARAN, THIRUVANGADAN HOUSE,
CHIRAKKAL PO, KANNUR DISTRICT
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
1
DEPARTMENT, THIRUVANANTHAPURAM-695 001
THE DISTRICT COLLECTOR,
COLLECTORATE ROAD, THAVAKKARA, KANNUR, DISTRICT
2
- 670002
REVENUE DIVISIONAL OFFICER,
TALIPARAMBA, REVENUE TOWER, COURT ROAD,
3
TALIPARAMBA, KANNUR DISTRICT - 670141
TAHSILDAR,
TALUK OFFICE, TALIPARAMBA, KANNUR DISTRICT-
4
670 141
5 VILLAGE OFFICER,
PAPPINISSERI VILLAGE OFFICE, KEECHERI,
VELAPURAM, KANNUR DISTRICT - 670561,
WP(C) NO. 25911 OF 2022 2
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LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL
6 OFFICER, KRISHI BHAVAN, PAPPINISSERI, KANNUR
DISTRICT -670 561
PAPPINISSERI GRAMA PANCHAYAT,
VELAPURAMPALAM, PAPPINISSERI, KANNUR DISTRICT -
7
670561 REPRESENTED BY ITS SECRETARY
THE DIRECTOR,
COASTAL ZONE MANAGEMENT AUTHORITY, SASTRA
8
BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004
BY ADVS.
P.M.PAREETH
AISWARYA VENUGOPAL
NAJEEB P.S
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25911 OF 2022 3
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MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.25911 of 2022
.............................................................
Dated this the 25th day of September, 2024
JUDGMENT
The petitioner challenges Ext.P14 order by which the
Form 5 application preferred by him under the provisions of the
Kerala Conservation of Paddy Land and Wetland Act 2008 has
been rejected.
2. Earlier the petitioner had approached this
Court by filing W.P(C) No.24623 of 2021 and by judgment dated
09.11.2021, this Court directed the Sub Collector (Revenue
Divisional Officer) to take an appropriate decision in the Form 5
application submitted by the petitioner in accordance with law.
The decision so taken is Ext.P14. The report of the Local Level
Monitoring Committee obtained by the petitioner invoking the
provisions of the Right to Information Act is produced as Ext.P13.
The relevant pages of the LLMC report show that out of the total
extent, it directed deletion of 10 cents in survey No.214/2 and 55
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cents in Survey No.214/103 and to retain the rest of the land out
of the total extent of 2 acre 8 cents. Though this report is
referred in the impugned order as reference No.2 in the
impugned order, the same was not taken into account at all while
rejecting the application stating that there are no trees and there
are mangroves surrounding the land.
3. A counter affidavit has been filed by the 3 rd
respondent which shows that the application of the petitioner
was rejected on the basis of the report of the LLMC. There is
absolutely no reason forthcoming as to why the LLMC report not
been accepted or as to why if he feels the property is to be
retained in the data bank. Though there is a contention that the
property is included in the data bank as a wetland there is no
discussion as to how the property answers the description of
wetland in the Kerala Conservation of Paddy Land and Wetland
Act 2008.
In the face of such non-application of mind and
mechanical consideration I have no other option, but to quash
Ext.P14 order and direct the 3rd respondent or the authorized
officer to reconsider the Form 5 application submitted by the
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petitioner taking note of the report of the LLMC, KSREC (Kerala
State Remote Sensing and Environment Centre) report and
strictly in terms of the act and rules, within three months from
the date of receipt of the copy of this judgment. The impugned
order is quashed and the writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:71577
APPENDIX OF WP(C) 25911/2022
PETITIONER EXHIBITS
TRUE COPY OF THE DOCUMENT NO.1278 OF
Exhibit P1 SRO CHIRAKKAL DATED 26-6-2006
TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER DATED
Exhibit P2
07-06-2020
TRUE COPY OF THE BASIC TAX RECEIPT
Exhibit P3 DATED 30-05-2020
TRUE COPY OF THE COMMUNICATION NO.A2-
1269/06 DATED NIL SENT BY THE 7TH
Exhibit P4 RESPONDENT TO THE 8TH RESPONDENT DATED
10-11-2006
TRUE COPY OF THE RECEIPT ISSUED BY THE
7TH RESPONDENT PANCHAYAT TO PETITIONER
Exhibit P5
DATED 22-6-2020
TRUE COPY OF THE COMMUNICATION NO.A2
2691/2020 DATED 248-2020 SENT BY THE
Exhibit P6
7TH RESPONDENT TO THE PETITIONER
TRUE COPY OF THE KSREC REPORT NO.A-
172/2015/KSREC/008980/19 DATED
Exhibit P7
23-3-2020
TRUE COPY OF THE COMMUNICATION REF.
NO.H-2553/2020 DATED 20-3-2020 RECEIVED
Exhibit P8 FROM THE SUB COLLECTOR WITH REPORT OF
THE LOCAL LEVEL MONITORING COMMITTEE
TRUE COPY OF THE COMMUNICATION
REF.2900/19/H DATED 14/07/2020 ISSUED
Exhibit P9
BY THE SUB COLLECTOR WITH TYPED COPY.
Exhibit P10 TRUE COPY OF THE COMMUNICATION NO.SC.2
5561/2021 DATED 30-09-2021 SENT BY THE
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7TH RESPONDENT
TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
Exhibit P11
7TH RESPONDENT ON 1-9-2021
TRUE COPY OF THE JUDGMENT DATED
9-11-2021 IN WRIT PETITION
Exhibit P12
TRUE COPY OF THE COMMUNICATION SENT BY
THE 3RD RESPONDENT DATED 5-5-2022 WITH
Exhibit P13
REPORTS
TRUE COPY OF THE PROCEEDINGS OF THE 3RD
Exhibit P14 RESPONDENT NO.G1090/2019 DATED 4-4-2022
TRUE COPY OF THE PHOTOGRAPHS OF THE
Exhibit P15 SITE SHOWING THE NATURE OF THE PROPERTY
TRUE COPY OF THE REPORT OF THE LLMC
DATED 9-2-2024 SUBMITTED BY THE
Exhibit P16
AGRICULTURAL OFFICER, PAPPINISSERY
