Kerala High Court
Johny V.P vs Local Level Monitoring Committee(Llmc ... on 16 January, 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
WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940
WP(C).No. 37553 of 2018
PETITIONER/S:
1 JOHNY V.P
AGED 70 YEARS
S/O.POULOSE VAZHAPPILLY HOUSE,
MUNDUR DESOM, MUNDUR P.O, THRISSUR TALUK, THRISSUR
DISTRICT, PIN-680541
2 FLOWER JOHNY,
AGED 64 YEARS
W/O.JOHNY V.P., VAZHAPPILLY HOUSE, MUNDUR DESOM,
MUNDUR P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN-
680541
BY ADVS.
SRI.SHOBY K.FRANCIS
SMT.AGI SHOBY
RESPONDENT/S:
1 LOCAL LEVEL MONITORING COMMITTEE(LLMC OF VELUR GRAMA
PANCHAYAT)
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN , VELUR PO, THRISSUR-
680601
2 AGRICULTURAL OFFICER/CONVENER OF LLMC,
KRISHI BHAVAN VELUR, VELUR P.O, THRISSUR-680 601
3 VILLAGE OFFICER,
VELUR VILLAGE, VELUR P.O, THRISSUR-680601
4 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVT.
AGRICULTURAL DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM-695 001
5 REVENUE DIVISIONAL OFFICER,
THRISSUR, AYYANTHOLE P.O, THRISSUR-680003
BY GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 37553 of 2018
2
JUDGMENT
Petitioners are the joint owners of a total extent of 113.47 Ares of property situate in Survey Nos.3/2, 4 & 6/1 of Velur Village, Thrissur District as per 5 separate title deeds. Petitioners have submitted application before the Local Level monitoring committee as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008' for short) and also submitted application under Clause 6 of the Kerala Land Utilisation Order, 1967 (hereinafter referred to as KLU Order, 1967) and thereafter approached this Court and secured Ext.P6 judgment, whereby directions were issued to consider the respective applications submitted by the petitioners before the respective statutory authorities. Thereafter, according to the petitioners, all the properties were removed from the data bank as per Act 2008. But, Ext.P10 order is passed by the Sub Collector as per Clause 6(2) of the KLU order, 1967, declining the permit for utilisation of one item of property namely situate in Survey No.6/1 of the village specified above. The reason assigned therein is, there is no evidence to show that the property was converted by the petitioner already. It is thus challenging that part of the order under Ext.P10, this writ petition is filed.
2. A memo is filed by the learned Government Pleader WP(C).No. 37553 of 2018 3 along the report of the Kerala State Remote Sensing & Environment Centre (KSREC). However, much credence and reliance cannot be given on the report of the KSREC for the reason that already the properties are removed from the data bank constituted as per the provisions of Act 2008.
3. I have heard learned Counsel for the petitioner, learned Senior Government Pleader and perused the pleadings and documents on record.
4. The sole question remains to be considered is, whether any manner of interference is warranted to that part of the order declining permission for utilisation of the property, for one item of property. In my considered view, the reason assigned in Ext.P10, to decline permission for utilisation of the property, situate in Survey No.6/1 cannot be sustained, since under Clause 6(2) of the KLU Order, 1967, the statutory authority is to identify whether the property can be permitted to be used for other purposes other than paddy cultivation and agricultural operations. Therefore, the provision of law prescribes an action, prior to conversion of that property.
5. In that view of the matter, I feel that the findings rendered in one item of property in Ext.P10 order cannot be sustained under law, being arbitrary and illegal. Therefore, I quash that part of the WP(C).No. 37553 of 2018 4 order and direct the 5th respondent to reconsider the issue with respect to the properties specified above, at the earliest and at any rate within a month from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No. 37553 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 23.5.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF RELEVANT PORTION OF THE DATA BANK DATED NIL ISSUED BY 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF POSSESSION CERTIFICATE DATED 9.8.2017 ISSUED BY THE VILLAGE OFFICER. EXHIBIT P4 A TRUE COPY OF APPLICATION DATED 31.7.2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT AS PER THE NEWLY AMENDED RULE 4(6) TO (10) OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 EXHIBIT P4 B TRUE COPY OF APPLICATION DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT AS PER THE NEWLY AMENDED RULE 4(6) TO (10) OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 EXHIBIT P4 C TRUE COPY OF APPLICATION DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT AS PER THE NEWLY AMENDED RULE 4(6) TO (10) OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 EXHIBIT P4 D TRUE COPY OF APPLICATION DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT AS PER THE NEWLY AMENDED RULE 4(6) TO (10) OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 EXHIBIT P4 E TRUE COPY OF APPLICATION DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT AS PER THE NEWLY AMENDED RULE 4(6) TO (10) OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 EXHIBIT P5 A TRUE COPY OF APPLICATION UNDER CLAUSE 6 OF KLU ORDER DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
WP(C).No. 37553 of 20186 EXHIBIT P5 B TRUE COPY OF APPLICATION UNDER CLAUSE 6 OF KLU ORDER DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P5 C TRUE COPY OF APPLICATION UNDER CLAUSE 6 OF KLU ORDER DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P5 D TRUE COPY OF APPLICATION UNDER CLAUSE 6 OF KLU ORDER DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P5 E TRUE COPY OF APPLICATION UNDER CLAUSE 6 OF KLU ORDER DATED 31/7/2017 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF JUDGMENT IN WPC NO. 27505/2017 DATED 21.8.2017 EXHIBIT P7 TRUE COPY OF SATELLITE REPORT ISSUED BY THE KSRSEC DATED NIL.
EXHIBIT P8 TRUE COPY OF THE REPORT DATED 23.3.2018 SUBMITTED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF REPORT DATED 4.6.2018 SUBMITTED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF ORDER DATED 11.7.2018 IN ORDER NO. C2-4851/2018 ISSUED BY THE 5TH RESPONDENT