Kerala High Court
Swapna Sanand vs The Revenue Divisional Officer on 17 January, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945
WP(C) NO. 929 OF 2024
PETITIONERS:
1 SWAPNA SANAND
AGED 45 YEARS
ANUGRAHA, 45/1871-C, P.J.ANTONY ROAD,
LINK PARK, 6TH CROSS ROAD,
PACHALAM P.O., KOCHI,
PIN - 682 012.
2 SANGEETHA RAGHU CHERIYIL
AGED 39 YEARS
D/O. DR.C.R.RAGHUNANDAN,
SAI PREMA, MEENAKSHI MANDIRAM,
13/54, DATHAN VAKKEEL ROAD,
PALLURUTHY P.O.,
ERNAKULAM,
PIN - 682 006.
3 C.P. SUMATHY RAGHUNANDANAN
AGED 73 YEARS
WIFE OF DR. C R REGHUNANDAN,
RESIDING AT SAIPREMA,
MEENAKSHI MANDIRAM,
PALLURUTHY VADAKKUMMURI DESOM,
PALLUTUTHY P.O.,
ERNAKULAM
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
SWAPNA SANAND, DAUGHTER,
AGED 45 YEARS, RESIDING AT ANUGRAHA,
45/1871-C, P.J.ANTONY ROAD,
LINK PARK,
6TH CROSS ROAD, PACHALAM P.O.
KOCHI,
PIN - 682 012.
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI,
KOCHI - 682 001.
WP(C).No.929 OF 2024
2
2 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ELAMKULAM,
KOCHI, PIN - 682 019.
3 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ELAMKULAM,
KOCHI, PIN - 682 019.
SR.GP. - SMT.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.929 OF 2024
3
JUDGMENT
The petitioners are the co-owners in possession of land having an extent of 10 Acres in Sy. No.579/3 of Kanayannur Taluk, Elamkulam Village, Ernakulam District.
2. According to the petitioners, the properties as evident from Ext.P1 has been converted even before the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as 'the Act, 2008') and that the property is surrounded by the building on all sides. The petitioners submitted Form 5 application and also Form 6 application before the 1 st respondent, the Revenue Divisional Officer. The RDO, by Ext.P6, rejected Form 5 application stating that the 2 nd respondent has reported that the property of the petitioner has the characteristics of paddy land and is water logged and that the LLMC has recommended that the property need not be removed from the Data WP(C).No.929 OF 2024 4 Bank. The RDO on the basis of the report of the Agricultural Officer has rejected Form 5 application submitted by the petitioner. The petitioner has produced a report of KSRSEC as Ext.P8 and contends that if the said report was relied upon the 1st respondent would not have passed an order in the nature of Ext.P6.
3. The relevant consideration for inclusion of a property as paddy land or wet land is as to the nature of the property as on the date of coming into force of the Act, 2008. On a perusal of Ext.P6, it is evident that, without any independent assessment of the nature of the property as on the coming into force of the Act, 2008, the 3rd respondent has relied solely upon the report of the 4th respondent and refused to remove the property from the data bank.
4. This Court has held in the decision in Arthasasthra Ventures (India) LLP v. State of Kerala [2022 (7) KHC 591] that, the Revenue WP(C).No.929 OF 2024 5 Divisional Officer must, while considering an application for removal of a property from the Data Bank consider the question whether the land was a paddy land on the date of coming into force of the Act and also whether the land is suitable for paddy cultivation or not. This Court in Muraleedharan Nair v. Revenue Divisional Officer [2023 (4) KLT 270] has held that when the petitioner seeks removal of his land from the Data Bank, it will not be sufficient for the Revenue Divisional Officer to dismiss the application simply stating that the LLMC has decided not to remove the land from Data Bank. The Revenue Divisional Officer being the competent authority, has to independently assess the status of the land and come to a conclusion that removal of the land from Data Bank will adversely affect paddy cultivation in the land in question or in the nearby paddy lands or that it will adversely affect sustenance of wetlands in the area and in the absence of such findings, the WP(C).No.929 OF 2024 6 impugned order is unsustainable. Reliance upon the reports of the Agricultural Officer and LLMC alone will not be sufficient while taking a decision on an application under Form 5.
5. Accordingly, Ext.P6 order is set aside and there will be a direction to the 1 st respondent, the Revenue Divisional Officer to reconsider Ext.P3 application in Form 5 and take a decision in the matter on the basis of KSRSEC report within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.929 OF 2024 7 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE LATEST LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ELAMKULAM, DATED 01-01-2024 EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED IN FORM-6, DATED 04-03-2022 EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT IN W.P.(C).NO.18074 OF 2022, DATED 03-06-2022 EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK PERTAINING TO THE LAND DATED NIL EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED IN FORM-5, DATED 15-02-2022 EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 28-11-2023 EXHIBIT P7 SOME PHOTOGRAPHS OF THE LAND OF THE PETITIONERS AS ON 20-11-2023 EXHIBIT P8 TRUE COPY OF THE LAND USE CHANGE REPORT SUBMITTED BY THE KERALA STATE REMOTE SENSING ENVIRONMENT CENTRE, THIRUVANANTHAPURAM, DATED 17-03-2023 TO THE 2ND RESPONDENT, WITH LESS LEGIBILITY OF SOME PAGES EXHIBIT P9 THE GOOGLE EARTH PICTURES OF THE LAND TAKEN DURING JANUARY, 2010 EXHIBIT P10 THE GOOGLE EARTH PICTURES OF THE SAID LAND TAKEN DURING FEBRUARY, 2012 EXHIBIT P11 THE GOOGLE EARTH PICTURES OF THE SAID LAND TAKEN DURING OCTOBER, 2017 EXHIBIT P12 THE GOOGLE EARTH PICTURES OF THE SAID LAND TAKEN DURING DECEMBER, 2019 EXHIBIT P13 THE GOOGLE EARTH PICTURES OF THE SAID LAND TAKEN DURING DECEMBER, 2022 RESPONDENTS EXHIBITS: NIL.