Disposed

St Josephs Kurishupalli v. State of Kerala

Kerala HC25 Jun 2019WP(C)/14669/2019

Case brief

AI extract

What is this about?

The Court directed the Revenue Divisional Officer to consider the petitioner's application for correcting the land entry in the data-bank under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, and dispose of it within four months.

What did the court decide?

Direction to the third respondent to consider and pass appropriate orders on the petitioner's application under sub-rule (4D) of Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008

St Josephs Kurishupalli Vs State of Kerala — Land Acquisition | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

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WP(C).No.14669 of 2019

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PETITIONER/S:

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ST JOSEPHS KURISHUPALLI REPRESENTED BY ITS VICAR,FR.JUSTIN KAIPRANPADAN, AGED 42 YEARS, ST. RAPHELS CHURCH, EZHUPUNNA P.O., ALAPPUZHA DISTRICT

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BY ADV. SRI.JOBY CYRIAC

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE,THIRUVANANTHAPURAM-695 001

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2 THE DISTRICT COLLECTOR, ALAPPUZHA-688 001

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3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ALAPPUZHA-688 001

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4 THE VILLAGE OFFICER, AROOR,ALAPPUZHA-688 034

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5 THE LOCAL LEVEL MONITORING COMMITTEE, AROOR, REPRESENTED BY THE AGRICULTURE OFFICER, KRISHIBHAVAN, AROOR, AROOR.P.O.,, ALAPPUZHA-688 034

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OTHER PRESENT:

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SRI MANU RAJ K.J- GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The petitioner, who is stated to be the owner of 72.09 Ares of land comprised in Sy.No. 60/2B/2 of Aroor Village in Cherthala Taluk covered by Ext.P1 Tax receipt dated 10.10.1994, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the third respondent Revenue Divisional Officer to consider and pass appropriate orders on Ext.P7 application, in accordance with law, within a time frame that may be fixed by this Hon'ble Court.

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In the writ petition it is avered that the property in question, which was originally a paddy land, was converted into coconut plantation in the year 1972. Documents marked as Exts.P2 and P3 are the plantation tax assessment in respect of the said property, for the period 1972-73 and 198185. The land in question formed part of a larger extent having 3.21 Acres, covered by Ext.P4 partition deed No. 1893 dated 13/12/1972 of the Sub Registrar Office, Aroor (Item No. 2 of C Schedule). However, in the data-bank, the relevant extract

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of which is placed on record as Ext.P6, the nature of property is shown as “Wetland”. Therefore, the petitioner has moved Ext.P7 application before the third respondent Revenue Divisional Officer, for correction of entry in the data-bank, invoking the provisions under sub-rule (4D) of Rule 4 of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

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Heard learned counsel for the petitioner and also learned Government Pleader appearing for official respondents.

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Kerala Conservation of Paddy Land and Wetland Act, 2008, was enacted to conserve the paddy land and wetland and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system in the State of Kerala. Clause (iii) of Section 2 of the Act defines the term 'conversion' to mean the situation whereby, land that has been under paddy farming and its allied constructions like drainage channels, ponds, canals, bunds and ridges are put to use for any other purpose. Clause (xii) of Section 2 defines the term 'paddy

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land' to mean all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals; Clause (xviii) of Section 2 defines the term 'wetland' to mean land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterised by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers.

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Section 3 of the Act deals with prohibition of conversion or reclamation of paddy land. As per sub-section (1), on and from the date of commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land, except in accordance with the provisions of this Act. As per sub-section (2), nothing

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contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation.

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As per Clause (f) of Rule 2 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, inserted vide G.O.(P)No.85/2018/Rev. dated 15.12.2018, 'data bank' means the data bank of paddy lands and wetlands prepared under clause (i) of sub-section (4) of Section 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Rule 4 of the Rules deals with preparation of data-bank. As per sub-rule (1) of Rule 4, the Local Level Monitoring Committee has to prepare a data-bank. Sub-rule (2) of Rule 4 deals with the procedure that has to be followed by that Committee in the matter of preparation of data-bank. As per sub-rule (3) of Rule 4, the Committee, if found necessary, can seek technical support for preparation of data-bank under clause (a) of sub-rule (2) of Rule 4 from the Agricultural Officer, Village Officer or District Collector.

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As per sub-rule (4) of Rule 4, the data-bank approved by the Committee as per clause (b) of sub-rule (2) of Rule 4, prepared in Form 4, shall be forwarded to the Secretary of the concerned Local Self Government Institution, who shall publish the same as Gazette notification. As per sub-rule (4A) of Rule 4, a copy of the data-bank published in the official Gazette shall be published by the Secretary of the Grama Panchayat/Municipality/ Corporation in the notice board and also in the website. As per sub-rule (4B) of Rule 4, two copies of the data-bank published as above shall be forwarded by the Secretary of the Grama Panchayat/Municipality/Corporation to the concerned Village Officer and Agricultural Officer. As per sub-rule (4C) Rule 4, the Village Officer and the Agricultural Officer shall publish a copy of the data-bank so received in the notice board, for information to public and one copy shall be kept in safe custody so as to make available for scrutiny of land owners, as and when required.

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As per sub-rule (4D) of Rule 4, a person feeling

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aggrieved by any entry in the data-bank can submit his objections by submitting an application in Form 5 to the Revenue Divisional Officer, who shall issue receipt for such application and shall keep a register of such applications. As per sub-rule (4E) of Rule 4, if an application received under sub-rule (4D) is in respect of paddy land, the same shall be forwarded to the Agricultural Officer, and if such an application received is in respect of a wetland, the same shall be forwarded to the Village Officer, for report, and the Village Officer or the Agricultural Officer, as the case may be, shall submit the report on that application to the Revenue Divisional Officer, within one month.

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As per sub-rule (4F) of Rule 4, on receipt of a report under sub-rule (4E), the Revenue Divisional Officer shall conduct a local inspection of the property or obtain satellite map prepared by the Central or State Science and Technological Institutions, if found necessary, and thereafter, pass appropriate orders on that application. As per sub-rule (5) of Rule 4, if any land, which is lying as paddy

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land/wetland, is not included in the data-bank published in the official Gazette, under sub-rule (4) of Rule 4, the Local Level Monitoring Committee shall have the authority to take necessary action in this regard.

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As per sub-rule (6) of Rule 4, if a person is aggrieved by incorrect entry of his property in the data-bank published as per sub-rule (4) of Rule 4, he can make an application before the concerned Local Level Monitoring Committee, for correction, within 90 days from the date of coming into force of the Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017. As per sub-rule (7), such an application has to be filed after affixing a Court fee stamp of Rs.100/- and that application should contain the particulars of the property in respect of which such correction is sought for and also the nature of correction sought for. Such an application for correction shall be received by the concerned Local Level Monitoring Committee and they have to issue receipts. If sufficient cause is shown, the Local Level Monitoring Committee shall have the power to entertain such

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application, after condoning the delay in filing those applications.

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As per sub-rule (8) of Rule 4, on receipt of an application under sub-rule (6), the Local Level Monitoring Committee shall prepare a report after conducting a local inspection as to the nature of the property in question. For that purpose, the Local Level Monitoring Committee has to take necessary steps to obtain the satellite images of the property prior to and after 12.08.2008, the date on which the Kerala Conservation of Paddy land and Wetland Act, 2008 came into force. Based on that report and also the satellite image, the Local Level Monitoring Committee shall take an appropriate decision as to the nature of the property and in cases there is any difference in the nature of the property notified in the data-bank, necessary corrections shall be made and published accordingly. As per sub-rule (9) of Rule 4, for effecting such publication, the Local Level Monitoring Committee has to comply with the provisions under sub-rule (2) of Rule 4, regarding publication of data bank. As per sub-

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rule (10) of Rule 4, if the Local Level Monitoring Committee finds no reason to change the nature of the land, and accordingly not to make any correction in the data bank, the same shall be intimated to the applicant.

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The learned counsel for the petitioner would submit that Ext.P7 application made by the petitioner, invoking the provisions under sub-rule (4D) of Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules for correction of entry in the data-bank is now pending consideration before the 3^rd respondent Revenue Divisional Officer and therefore, the said respondent may be directed to consider that application and pass appropriate orders thereon, within a time limit to be fixed by this Court, with notice to the petitioner and after affording him an opportunity of being heard.

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The learned Government Pleader would submit that

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the 3^rd respondent shall consider Ext.P7 application made by the petitioner and pass appropriate orders thereon, in accordance with law, within a time limit to be specified by this Court.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 3^rd respondent to consider and pass appropriate orders on Ext.P7 application made by the petitioner under sub-rule (4D) of Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules, strictly in accordance with law, after obtaining necessary report from the appropriate authority, as per the mandate of the Statute. It is for the petitioner to remit the requisite fee before the appropriate authority for obtaining such report without any delay. The 3^rd respondent shall pass final orders on Ext.P7 application, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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das

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LAND TAX RECEIPT NO.42 DATED 10/10/1994 WITH RESPECT OT THE LAND COMPRISED IN SURVEY NO.60/2B/2 OF AROOR VILLAGE
EXHIBIT P2	TRUE COPY OF THE PLANTATION TAX ASSESSMENT ISSUED WITH RESPECT TO THE PETITIONERS LAND FOR THE YEAR 1972- 1973
EXHIBIT P3	TRUE COPY OF THE PLANTATION TAX ASSESSMENT ISSUED WITH RESPECT TO THE PETITIONERS LAND FOR THE YEAR 1981- 1982
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGE (PAGE NO.15) OF THE PARTITION DEED NO.1893 DATED 13/12/1972 OF SRO,AROOR
EXHIBIT P5	TRUE COPY OF THE RELEVANT PAGE OF THE FAIR VALUE REGISTER OF PETITIONERS LAND
EXHIBIT P6	TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK PREPARED BY THE 5TH RESPONDENT
EXHIBIT P7	TRUE COPY OF THE APPLICATION DATED 13/03/2018 FILED BY THE PETITIONER INFORM NO.5 UNDER RULE 4 (D) OF PADDY AND WETLAND RULED, 2008 (WITHOUT ITS ANNEXURE)

St Josephs Kurishupalli v. State of Kerala

Case brief

What is this about?

What did the court decide?

St Josephs Kurishupalli v. State of Kerala

Case brief

What is this about?

What did the court decide?

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