Kerala High Court
Mathew Augustine vs State Of Kerala on 12 February, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
WP(C).No. 23494 of 2017
PETITIONER/S:
MATHEW AUGUSTINE
AGED 45, S/O.AUGUSTINE, PLATHOTTAM, MOONNANI, PALA
P.O, KOTTAYAM.
BY ADV. SRI.G.S.REGHUNATH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL
SECRETARY(REVENUE)SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 DISTRICT COLLECTOR,
KOTTAYAM 686 001
3 THE REVENUE DIVISIONAL OFFICER
MEENACHIL, PALA KOTTAYAM 686 577
4 THE TAHSILDAR
MEENACHIL, PALA KOTTAYAM 686 577
5 VILLAGE OFFICER
LALAM VILLAGE,KOTTAYAM 686 577
6 PALA MUNICIPALITY
REPRESENTED ITS SECRETARY, PALA, KOTTAYAM 688 575
BY ADVS.
SRI.V.M.KURIAN, SC, PALA MUNICIPALITY
R6 SRI.SUJITH MATHEW JOSE, SC, PALA MUNICIPALITY
R1 TO 5 - SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23494 of 2017 2
JUDGMENT
Petitioner is the owner of an extent of 8.20 cents of property situate in SY.Nos.80/175/13 and 30/1 of Laalam Village, Meenachil Taluk, Kottayam District. In the Revenue Records and the Basic Tax Register, the property is shown as paddy field and in the data bank constituted as per the provisions of the Kerala Conservation of Paddy land and Wet land Act, 2008 as converted before 10 years. Thereupon, predecessor in title of the petitioner has submitted Ext.P9 application dated 15.07.2015 before the Revenue Divisional Officer that is the 3rd respondent herein seeking permission for utilisation of the property for other purposes other than paddy cultivation and agricultural operations.
2. The predecessor in title approached this Court and secured Ext.P10 judgment, whereby direction was issued to the Revenue Divisional Officer to finalise Ext.P9 application. The Revenue Divisional Officer has passed Ext.P11 order WP(C).No. 23494 of 2017 3 directing the petitioner to approach the District Collector in accordance with the "unauthorised Reclamation Rules". Thereupon, petitioner has submitted Ext.P21 application before the District Collector, which is pending consideration, seeks direction for early disposal of the same.
3. I have heard learned counsel for the petitioner and the learned Government Pleader. The issue to be considered by this Court is whether the Revenue Divisional Officer was justified in directing the petitioner to approach the District Collector by filing an application under the Unauthorised Reclamation Rules. To the best of my knowledge and the best of the knowledge of the learned Government Pleader, there is no such Rules invogue so as to consider any application by the District Collector. It may be true petitioner has reclaimed the land, however even if it is reclaimed that will not prevent the Revenue Divisional Officer from considering an application in accordance the provisions of the Kerala Land Utilisation Order, WP(C).No. 23494 of 2017 4 1967. Taking into account all these aspects, I have no doubt in mind that Ext.P11 order passed by the Revenue Divisional Officer was not in accordance with law, and the Revenue Divisional Officer ought to have considered the application on its merit. Be that as it me, the learned Government Pleader pointed out that the property in question is included in the data bank constituted as per the provisions of the Act, 2008.
4. In that view of the matter, I quash Ext.P11 order passed by the Revenue Divisional Officer, petitioner is given the liberty to submit suitable application to remove the property from the data bank before the Local Level Monitoring Committee concerned and if any such application is received, I have no reason to think that a decision will not be taken by the LLMC in accordance with law at the earliest possible time. If any orders are produced by the petitioner from the Local Level Monitoring Committee, Ext.P9 application submitted by the petitioner shall be reconsidered in accordance with WP(C).No. 23494 of 2017 5 law, taking into account the parameters and stipulations contained under Clause 6 of the kerala Land Utilisation Order, 1967, at the earliest possible time, and at any rate, within three months from the date of production of the order from the Local Level Monitoring Committee.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY JUDGE Hmh WP(C).No. 23494 of 2017 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 864 OF 2010 DATED 26-01-2010 EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 07- 05-2016 ISSUED IN FAVOUR OF PETITIONER EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 31-05-2016 ISSUED TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE ELECTRICITY BILLS EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT DATED 02-04-2008 ISSUED BY MUNICIPAL ENGINEER, PALA MUNICIPALITY EXHIBIT P6 TRUE COPY OF THE RECEIPT FOR PAYMENT OF FEES FOR THE CONSTRUCTION OF THE BUILDING DATED 27-2-2008 ISSUED FROM PALA MUNICIPALITY EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REPORT PREPARED BY THE VILLAGE OFFICER ATTESTED BY THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN EXHIBIT P8 TRUE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER, LALAM VILLAGE, PALA EXHIBIT P9 TRUE COPY OF THE PETITION SUBMITTED BY PETITIONEER BEFORE THE REVENUE DIVISIONAL OFFICER VIZ. THE 3RD RESPONDENT DATED 15-07-2015 EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P(C) NO 23205/2016 DATED 7-8-2015 EXHIBIT P11 TRUE COPY OF THE ORDER DATED 16-02-2015 ISSUED BY 3RD RESPONDENT EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY TOWARDS APPLICATION FEE ISSUED FROM OFFICE OF DISTRICT COLLECTOR, KOTTAYAM DATED 18-1-2016 WP(C).No. 23494 of 2017 7 EXHIBIT P13 TRUE COPY OF THE ORDER PASSED BY THE 6TH RESPONDENT MUNICIPALITY EXHIBIT P14 TRUE COPY OF THE ORDER STAYING EXHIBIT P13 ORDER ISSUED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 27-10-2016 EXHIBIT P15 TRUE COPY OF THE ORDERS OF 3RD RESPONDENT DATED 18.11.2015 AND 19.12.2015 OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 10.10.2016 RECEIVED FROM THE PUBLIC INFORMATION OFFICER, R.D.O. OFFICE, PALA EXHIBIT P17 TRUE COPY OF THE APPLICATION DATED 18.08.2016 SUBMITTED BY PETITIONER BEFORE THE 6TH RESPONDENT EXHIBIT P18 TRUE COPY OF THE PERMIT ISSUED BY THE PALA MUNICIPALITY ON 25.03.2014 EXHIBIT P19 TRUE COPY OF THE LETTER RECEIVED UNDER RIGHT TO INFORMATION ACT FROM THE MUNICIPAL OFFICE, PALA DATED 28.01.2017 EXHIBIT P20 TRUE COPY OF THE ELECTRICITY BILL IN THE NAME OF THE PETITIONER DATED 30.04.2016 EXHIBIT P21 TRUE COPY OF THE PETITION GIVEN BY PETITIONER TO THE DISTRICT COLLECTOR ALONG WITH ACKNOWLEDGEMENT RECEIPT RESPONDENT'S EXHIBIT NIL