Kerala High Court
Dr.Varghese Cherian vs The Local Level Monitoring Committee on 29 August, 2022
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
WP(C) NO. 9479 OF 2022
PETITIONER:
DR.N.KRISHNA IYER,
AGED 75 YEARS
SON OF LATE K.S.NARAYANA IYER, HOUSE NO.47/1502,
BALAKRISHNA HOUSE, VADUTHALA P.O., CHERANELLOOR
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682023
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE
THRIKKAKARA MUNICIPALITY, THRIKKAKARA P.O., ERNAKULAM
DISTRICT REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, KRISHI BHAVAN, THRIKKAKARA, PIN - 682021
2 AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKARA, ERNAKULAM DISTRICT ,
PIN - 682021
3 THE VILLAGE OFFICER
KAKKANAD VILLAGE, ERNAKULAM DISTRICT, PIN - 682030
4 THE REVENUE DIVISIONAL OFFICER (R.D.O.)
FORTKOCHI, ERNAKULAM DISTRICT, PIN - 682001
5 THE ADDITIONAL THAHASILDAR
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682011
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.08.2022, ALONG WITH WP(C).9480/2022, 9486/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
WP(C) NO. 9480 OF 2022
PETITIONER:
DR.P.A.SATHYAPALAN
AGED 73 YEARS
SON OF P.E.APPU,
HOUSE NO.64/2047,
POLAKULATHU HOUSE,
KOMBARA P.O., ERNAKULAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682014
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE
THRIKKAKARA MUNICIPALITY,
THRIKKAKARA P.O., ERNAKULAM DISTRICT
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKARA, PIN - 682021
2 AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKARA,
ERNAKULAM DISTRICT, PIN - 682021
3 THE VILLAGE OFFICER
KAKKANAD VILLAGE, ERNAKULAM DISTRICT,
PIN - 682030
4 THE REVENUE DIVISIONAL OFFICER (R.D.O.)
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
3
FORTKOCHI, ERNAKULAM DISTRICT, PIN - 682001
5 THE ADDITIONAL THAHASILDAR
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682011
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.08.2022, ALONG WITH WP(C).9479/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
WP(C) NO. 9486 OF 2022
PETITIONER:
DR.SHALINI KURUP
AGED 66 YEARS
W/O.DR.K.P.MOHAN CHANDRAN,RESIDING AT DEVAKI,
P.J.ANTONY ROAD, PACHALAM P.O.,PIN - 682012
THRIKKANARVATTOM DESOM, ERNAKULAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
DR.K.P.MOHAN CHANDRAN, AGED 71 YEARS, RESIDING
AT DEVAKI, P.J.ANTONY ROAD, PACHALAM P.O.,
PIN-682012, THRIKKANARVATTOM DESOM, ERNAKULAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE
THRIKKAKARA MUNICIPALITY, THRIKKAKARA P.O.,
ERNAKULAM DISTRICT REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKARA, PIN - 682021
2 AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKARA, ERNAKULAM DISTRICT
PIN - 682021
3 THE VILLAGE OFFICER
KAKKANAD VILLAGE, ERNAKULAM DISTRICT,
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
5
PIN - 682030
4 THE REVENUE DIVISIONAL OFFICER (R.D.O.)
FORTKOCHI, ERNAKULAM DISTRICT, PIN - 682001
5 THE ADDITIONAL THAHASILDAR
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN -
682011
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.08.2022, ALONG WITH WP(C).9479/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944
WP(C) NO. 9560 OF 2022
PETITIONER:
DR.VARGHESE CHERIAN
AGED 70 YEARS
SON OF N.G.CHERIAN,
HOUSE NO.35/1566,
VADAKEDATH HOUSE,
PALARIVATTOM P.O.,
POONITHURA VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682025
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE
THRIKKAKARA MUNICIPALITY,
THRIKKAKARA P.O.,
ERNAKULAM DISTRICT REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, THRIKKAKARA, PIN - 682021
2 AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKARA,
ERNAKULAM DISTRICT, PIN - 682021
3 THE VILLAGE OFFICER
KAKKANAD VILLAGE, ERNAKULAM DISTRICT,
PIN - 682030
4 THE REVENUE DIVISIONAL OFFICER (R.D.O.)
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
7
FORTKOCHI, ERNAKULAM DISTRICT,
PIN - 682001
5 THE ADDITIONAL THAHASILDAR
KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682011
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.08.2022, ALONG WITH WP(C).9479/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos. 9479,9480,
9486 & 9560 OF 2022
8
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).Nos. 9479, 9480, 9486 and 9560 of 2022
----------------------------------------------
Dated this the 29th day of August, 2022
JUDGMENT
These writ petitions are connected and therefore I am disposing of these four writ petitions by a common judgment.
2. Petitioners are the owners in possession of the property having a total extent of 40.34 ares comprising in 13.10 ares in Re.Sy.No.270/12, 7.94 ares in Re.Sy.No.271/1 and 19.30 ares in Re.Sy.No.271/2, in Block No.7 of Kakkanad Village. Each of the petitioners are having ¼th undivided share over the said entire property. According to the petitioners, the above property is a converted paddy land and the conversion was much prior to the introduction of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short 'Act 2008'). It is the case of the petitioners that, even though it is a converted property it has been WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 9 wrongly classified as nilam in the village records and Basic Tax Register. It is the case of the petitioners that, due to the said error in the village records, the same error crept while preparing the draft data bank also. Hence the petitioners approached the authorities and submitted application and on the basis of the said application, the LLMC conducted an enquiry in the subject matter and thereafter placed the matter in the meeting of the first respondent convened on 16.03.2015 and thereby decided to change the entry in the draft data bank as converted land instead of Nilam. It is the case of the petitioners that the 1 st respondent reached such a finding because of the reason that the property of the petitioners is a converted one before the introduction of Act 2008 and not suitable for any kind of paddy cultivation. The 5th respondent reported the matter to the concerned Municipality by Ext.P4 order for necessary action to remove the property from the data bank. Ext.P3 is the order of the Agricultural Officer. WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 10 Ext.P4 is the direction issued by the Tahsildar to remove the property from the data bank. Thereafter, Ext.P5 final data bank was published in which the petitioners property was mentioned as Nilam. Aggrieved by the same, these writ petitions are filed.
3. Heard the counsel appearing for the petitioners and the learned Government Pleader.
4. Admittedly, Ext.P3 is the LLMC report in these cases, in which the LLMC already recommended for removing the property from the Data Bank. But, even then, Ext.P5 final data bank produced in these writ petitions will show that the petitioners property is mentioned as Nilam. It is the case of the petitioners that this inclusion is without considering Exts.P2 and P4. This Court perused Exts.P2 and P4. After going through the same, it may not be justified in including the property in Ext.P5 final Data Bank. According to me, this is a matter to be considered by the Revenue Divisional Officer. Since the property is already WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 11 included in the Data Bank, the petitioners have to submit a Form-V application. Therefore, these writ petitions can be disposed of allowing the petitioners to file a Form-V application before the 4 th respondent, within a time frame and there can be a direction to the 4th respondent to consider the same and pass appropriate orders in the light of Exts.P2 and P4, in accordance to law.
Therefore, these writ petitions are disposed of in the following manner:
i. The petitioners in these writ petitions are allowed to submit a Form-V application as per the Kerala Conservation of Paddy Land and Wet Land Rules, within a period of two weeks from the date of receipt of a copy of this judgment.
ii. Once a Form-V application is received by the 4th respondent in these writ petitions, the 4 th respondent will consider the same and pass appropriate orders in it, in the light of Exts.P2 and WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 12 P4 in accordance to law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of Form-V application.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 13 APPENDIX OF WP(C) 9480/2022 PETITIONER EXHIBITS EXHIBIT- P1 TRUE COPY OF THE RELEVANT PAGES OF THANDAPPER ACCOUNT OF THE PETITIONER AND OTHERS ISSUED BY THE 3RD RESPONDENT EXHIBIT- P2 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE FIRST RESPONDENT DATED 16.03.2015 EXHIBIT- P3 TRUE COPY OF THE ORDER DATED 6.4.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE FIFTH RESPONDENT TO THE SECRETARY, THRIKKAKARA MUNICIPALITY DATED 21.8.2015 EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 8.2.2022 IN WPC NO.22081 OF 2021 WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 14 APPENDIX OF WP(C) 9486/2022 PETITIONER EXHIBITS EXHIBIT -P1 TRUE COPY OF THE RELEVANT PAGES OF THANDAPPER ACCOUNT OF THE PETITIONER AND OTHERS ISSUED BY THE 3RD RESPONDENT EXHIBIT -P2 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE FIRST RESPONDENT DATED 16.03.2015 EXHIBIT- P3 TRUE COPY OF THE ORDER DATED 6.4.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT- P4 TRUE COPY OF THE ORDER ISSUED BY THE FIFTH RESPONDENT TO THE SECRETARY, THRIKKAKARA MUNICIPALITY DATED 21.8.2015 EXHIBIT- P5 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER EXHIBIT -P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 8.2.2022 IN WPC NO.22081 OF 2021 WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 15 APPENDIX OF WP(C) 9560/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THANDAPPER ACCOUNT OF THE PETITIONER AND OTHERS ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE FIRST RESPONDENT DATED 16.03.2015 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 6.4.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE FIFTH RESPONDENT TO THE SECRETARY, THRIKKAKARA MUNICIPALITY DATED 21.8.2015 EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 8.2.2022 IN WPC NO.22081 OF 2021 WP(C) Nos. 9479,9480, 9486 & 9560 OF 2022 16 APPENDIX OF WP(C) 9479/2022 PETITIONER EXHIBITS EXHIBIT- P1 TRUE COPY OF THE RELEVANT PAGES OF THANDAPPER ACCOUNT OF THE PETITIONER AND OTHERS ISSUED BY THE 3RD RESPONDENT EXHIBIT -P2 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE FIRST RESPONDENT DATED 16.03.2015 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 6.4.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXHIBIT- P4 TRUE COPY OF THE ORDER ISSUED BY THE FIFTH RESPONDENT TO THE SECRETARY, THRIKKAKARA MUNICIPALITY DATED 21.8.2015 EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 8.2.2022 IN WPC NO.22081 OF 2021 RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE