Kerala High Court
Unknown vs By Advs.Sri.P.Thomas Geeverghese on 1 December, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 13TH DAY OF AUGUST 2018 / 22ND SRAVANA, 1940
WP(C).No. 19931 of 2018
PETITIONER(S)
NIJEL SALIM
AGED 24 YEARS, S/O TK SALIM, THACHARUKUDY HOUSE,
RESIDING AT 'THE SHELTER', TB ROAD,
PERUMBAVOOR-683542.
BY ADVS.SRI.P.THOMAS GEEVERGHESE
SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.E.S.FIROS
RESPONDENT(S):
1. REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA-686673.
2. VILLAGE OFFICER
VENGOOR WEST VILLAGE - 683544.
3. AGRICULTURAL OFFICER
KRISHI BHAVAN, MUDAKKUZHA-683545.
4. LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, MUDAKKUZHA - 683545.
5. SUB INSPECTOR OF POLICE
KURUPPAMPADY POLICE STATION, KURUPPAMPADY,
PERUMBAVOOR-683545.
6. STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE
DEPARTMENT, THIRUVANANTHAPURAM-695001.
BY ADV. GOVERNMENT PLEADER SRI. PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-08-18,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MSP
WP(C).No. 19931 of 2018 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: TRUE COPY OF LAND TAX RECEIPTS OF THE
PETITIONER, BEARING NOS.7410413 AND 7410414.
EXHIBIT-P2: PHOTOGRAPH OF PETITIONER'S BANANA CULTIVATION
TAKEN ON 12TH JUNE 2018.
EXHIBIT-P3: TRUE COPY OF RESOLUTION DATED 1/12/2017 PASSED
BY THE 4TH RESPONDENT.
EXHIBIT-P4: TRUE COPY OF PERFORMA REPROT ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT-P5: TRUE COPY OF PROHIBITORY ORDER NO.A4-977/18(1)
DATED 28/4/2018.
RESPONDENTS EXHIBITS:
NIL
//TRUE COPY//
P.A. TO JUDGE
MSP
SHAJI P. CHALY, J.
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W.P.(C) No.19931 of 2018
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Dated this the 13th day of August, 2018
JUDGMENT
Petitioner is a farmer and he is the owner of various extents of properties comprised in various survey numbers of Vengoor West Village. According to the petitioner, the properties are included in the data bank, in accordance with the provisions of the Kerala Conversation of Paddy Land and Wet Land Act, 2008. However, petitioner is cultivating banana as an intermediary crop, as defined under Section 2(ix) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (in short 'the Act, 2008'), evident from Ext.P2, a photograph showing the cultivation.
2. The point that is raised by the petitioner, in accordance with the provisions of the Act, 2008, is that, no permission is required from the Revenue Divisional Officer, in order to cultivate an intermittent crop along with paddy cultivation. Therefore, according to the petitioner, Ext.P5 notice issued cannot be sustained under law being arbitrary and illegal.
3. A detailed counter affidavit is filed by the respondent justifying the stand adopted in Ext.P5. However, learned W.P.(C)No. 19931 of 2018 -:2:- Government Pleader pointed out that it is only a notice, and petitioner is at liberty to file suitable objection and contest the proceedings in accordance with law.
4. Having regard to the facts and circumstances of the case, the liberty of the petitioner to file objection to Ext.P5 is left open, and if the petitioner files any objection, within three weeks from the date of receipt of a copy of this judgment, it shall be considered by the competent authority, in accordance with law and attain finality, at the earliest possible time, and at any rate within two months thereafter. While this writ petition was admitted, an interim order was passed by this Court on 25.06.2018, which was subsequently extended on 12.07.2018 and is still in force. In that view of the matter, the interim order granted by this Court will continue in force, till a decision is taken as directed above. The petitioner is also directed not to change nature of the property.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE SPV/ .13.08.2018