Kerala High Court
Abdul Khader vs The District Collector
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939
W.P(C).No.23866 of 2017 (G)
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PETITIONER(S):-
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ABDUL KHADER, S/O. KOYAN, AGED 66 YEARS,
VELLARKODATH HOUSE, KALAMASSERY, KUSAT P.O., 682 022,
ERNAKULAM DISTRICT.
BY ADV. SRI.N.B.ANOOP
RESPONDENT(S):-
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1. THE DISTRICT COLLECTOR, ERNAKULAM - 682 030
2. THE REVENUE DIVISIONAL OFFICER, KOCHI - 682 001.
3. THE TAHSILDAR,
NORTH PARAVOOR - 683 513, ERNAKULAM DISTRICT.
4. THE VILLAGE OFFICER,
KARUMALLOOR VILLAGE - 683 511, ERNAKULAM DISTRICT.
5. THE LOCAL LEVEL MONITORING COMMITTEE,
KARUMALLOOR GRAMA PANCHAYATH, REP. BY ITS CONVENER,
(THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
KARUMALLOOR - 683 511, ERNAKULAM DISTRICT)
6. THE KARUMALLOOR GRAMA PANCHAYATH
REPRESENTED BY SECRETARY, KARUMALLOOR - 683 511,
ERNAKULAM DISTRICT.
R1 TO R5 BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23866 of 2017 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS:-
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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18.05.17.
EXHIBIT P1(A) TRUE COPY OF THE TAX RECEIPT DATED 18.05.17.
EXHIBIT P1(B) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12.06.2017.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION BEFORE THE
5TH RESPONDENT DATED 30.06.2017.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER
TO THE 1ST RESPONDENT DATED 30.06.17.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK.
EXHIBIT P5 TRUE COPY OF THE RECEIPT EVIDENCING THE ACCEPTANCE OF
APPLICATION BY THE 5TH RESPONDENT DATED 16.8.2017.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT
DATED 18.8.2017.
RESPONDENT(S)' EXHIBITS:-
------------------------- NIL.
Vku/- [ true copy ]
K. Vinod Chandran, J
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W.P.(C).No.23866 of 2017-G
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Dated this the 23rd day of August, 2017
JUDGMENT
The petitioner is concerned with a total extent of 289.31 Ares of property, more specifically 228.72 Ares in Survey Nos.232/14, 230/24B, 232/4 232/3, 230/24A1, 232/13 and 230/24A and 60.59 Ares in Survey Nos.232/7, 232/5 and 232/5; in Karumalloor Village of Paravoor Taluk. According to the petitioner, the aforesaid properties are lying as pucca garden land for the past several years and there are several buildings surrounding the said property. There is also no paddy cultivation carried out in the said property or in the adjacent properties. However, the said properties were wrongly included as "Nilam" in the data bank prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 [for brevity "Paddy Land Act"]. The petitioner filed Exhibit P4 application before the District Collector, the 1st respondent, and an application before the Local Level Monitoring Committee, the 5th respondent, the receipt of which is produced at Exhibit P5; which are pending consideration. The prayer of the petitioner is to direct the Local Level Monitoring WP(C) No.23866 of 2017 - 2 - Committee to consider and dispose of the application for removal of the land from the data bank and the District Collector to consider and dispose of Exhibit P6 application within a reasonable time.
2. In such circumstance, the 5th respondent is directed to consider the request; the receipt of which is produced at Exhibit P5, under the amendment G.O.(P) No.34/2017/Revenue dated 30.05.2017, for removing the property from the data bank after conducting site inspection and ascertaining the nature of land as on the date of enforcement of the Paddy Land Act and with report received from the Kerala State Remote Sensing and Environment Center (KSREC), if the same is pending before the authority.
3. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer, shall seek a report of the lie and nature of the property as it remained on the date of coming into force of the Paddy Land Act from the Director, Kerala State Remote Sensing and WP(C) No.23866 of 2017 - 3 - Environment Center (KSREC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala, PIN - 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioners, C/o. the concerned Agricultural Officer (showing the full address) before the KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall require the LLMC to conduct physical inspection of the property and then the LLMC shall consider the application, the receipt of which is produced at Exhibit P5, in accordance with law.
4. If the LLMC removes the land from the data bank, the decision of the LLMC shall be communicated to the District Collector or the lie and nature of the property, as it exists at present, shall be reported, along with the report from the KSREC. A copy of the decision/report of the LLMC and the report of the KSREC shall be issued to the petitioner on an application made. WP(C) No.23866 of 2017 - 4 -
5. On receipt of the report of the LLMC, along with the satellite map and report forwarded by the KSREC, the 1st respondent shall issue notice to the petitioner and consider Exhibit P6 application, within a period of two months from the date of receipt of the report.
The writ petition is disposed of as above. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]