Court directed Revenue Divisional Officer to dispose of pending applications for land use permission and de-notification under Kerala Conservation of Paddy Land and Wetland Rules within six weeks, after hearing.
Directing the fifth respondent to take up and pass appropriate orders on the petitions within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942
WP(C).No.21776 OF 2020(V)
PETITIONER:
SURYA AGRO INDUSTRIES THEKKEKARA, SREEMOOLANAGARAM P.O, VADAKKUMBHAGOM, ALUVA, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER, T.P. VARGHESE, S/O. PAPPU, AGED 59 YEARS,
BY ADV. SRI.P.M.ZIRAJ
RESPONDENTS:
1 SREEMOOLANAGARAM GRAMA PANCHAYATH SREEMOOLANAGARAM P.O,
ERNAKULAM-683 580, REPRESENTED BY ITS SECRETARY,
2 THE SECRETARY, SREEMOOLANAGARAM GRAMA PANCHAYATH, SREEMOOLANAGARAM P.O,
ERNAKULAM-683 580
6 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682 030
BY ADVS:
SRI.PAUL ABRAHAM VAKKANAL – GP SRI.BABU KARUKAPADATH - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21776 OF 2020(V)
2
W.P.(C) No.21776 of 2020
J U D G M E N T
Exts.P18 and P19 are applications preferred by the petitioner in Form No.5 of the Kerala Conservation of Paddy Land and Wetland Rules (the Rules) for removal of the property of the petitioner referred to in the writ petition from the data bank prepared in terms of the Kerala conservation of Paddy Land and Wetland Act, 2008 (the Act). Exts.P15, P16 and P17 are applications preferred by the petitioner in Form No.6 of the Rules for permission to utilize the said land which is an un-notified land in terms of the Act, for other purposes. The grievance of the petitioner in the writ petition concerns the inaction on the part of the fifth respondent in taking a decision on Exts.P15 to P 19 applications.
WP(C).No.21776 OF 2020(V)
3
Exts.P18 and P19 applications are allowed, orders shall be passed by the fifth respondent simultaneously on Exts.P15, P16 and P17 applications as well. This shall be done within six weeks from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. It is made clear that the hearing in terms of this judgment can either be physical or through video conference.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
WP(C).No.21776 OF 2020(V)
4
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE POSSESSION CERTIFICATE IN CONNECTION WITH PROPERTY OF PETITIONER ISSUED BY FOURTH RESPONDENT DATED 5.4.2019. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE GENERAL MANAGER, DIC, DISTRICT INDUSTRIES CENTER, ERNAKULAM DATED 3.2.2020. |
| EXHIBIT P3 | TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 22.4.2019 ISSUED BY THE FIRE AND RESCUE SERVICES, ERNAKULAM. |
| EXHIBIT P4 | TRUE COPY OF THE CONSENT VARIATION ORDER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED 11.6.2019. |
| EXHIBIT P5 | TRUE COPY OF THE LOCATION SKETCH IN CONNECTION WITH PROPERTY OF PETITIONER DATED 7.6.2019 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P6 | TRUE PHOTOGRAPHS OF THE ROAD LEADING TO THE PROPOSED FLOUR MILL OF PETITIONER. |
| EXHIBIT P7 | TRUE COPY OF THE SKETCH OF WAY LEADING TO THE PROPERTY OF PETITIONER FROM PWD ROAD ISSUED BY THE TALUK SURVEYOR, ALUVA TALUK. |
| EXHIBIT P8 | TRUE COPY OF THE RELEVANT PAGES OF E-FILE OF APPLICATION DATED 06.04.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE COMMUNICATION DATED 20.11.2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER AS REPLY TO THE APPLICATION UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P10 | TRUE COPY OF THE RELEVANT PAGES OF LAND DATA BANK OF SREEMOOLANAGARAM GRAMA PANCHAYATH. |
| EXHIBIT P11 | TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 22.06.2020 IN WPC NO.12259/2020 |
WP(C).No.21776 OF 2020(V)
5
| EXHIBIT P12 | TRUE COPY OF THE ORDER DATED 18.09.2020 REJECTING THE APPLICATION OF PETITIONER. |
|---|---|
| EXHIBIT P13 | TRUE COPY OF THE CERTIFICATE DATED 25.09.2020 OF THE PRINCIPAL AGRICULTURAL OFFICER, ERNAKULAM. |
| EXHIBIT P14 | TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 5TH RESPONDENT WITHOUT THE DOCUMENTS |
| EXHIBIT P15 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 6 DATED 20/11/2020 IN CONNECTION WITH THE PROPERTY COMPRISED IN SY.NO.156/3-2 ALONG WITH COUNTER FOIL OF CHELAN REGARDING PAYMENT OF FEE WITHOUT DOCUMENTS. |
| EXHIBIT P16 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 6 DATED 20/11/2020 IN CONNECTION WITH THE PROPERTY COMPRISED IN SY.NO.156/4 ALONG WITH COUNTER FOIL OF CHELAN REGARDING PAYMENT OF FEE WITHOUT DOCUMENTS |
| EXHIBIT P17 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 6 DATED 20/11/2020 IN CONNECTION WITH THE PROPERTY COMPRISED IN SY.NO.156/5 ALONG WITH COUNTER FOIL OF CHELAN REGARDING PAYMENT OF FEE WITHOUT DOCUMENTS. |
| EXHIBIT P18 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 5 DATED 22/11/2020 IN CONNECTION WITH THE PROPERTY COMPRISED IN SY.NO.155/2,155/5,155/3,155/6 WITHOUT DOCUMENTS. |
| EXHIBIT P19 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 5 DATED 22/11/2020 IN CONNECTION WITH THE PROPERTY COMPRISED IN SY.NO.156/9 WITHOUT DOCUMENTS |
1 issue framed by the court
Whether the fifth respondent is directed to dispose of the pending Form 5 and Form 6 applications under the Kerala Conservation of Paddy Land and Wetland Rules after affording an opportunity of hearin
2 provisions across 2 enactments
Surya Agro Industries Thekkekkara
Sreemoolanagaram Grama Panchayath
The Secretary, Sreemoolanagaram Grama Panchayath
The Local Level Monitoring Committee, Sreemoolanagaram Grama Panchayath
The Village Officer, Thekkumbhagom Village
The Revenue Divisional Officer (R.D.O) Fortkochi
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
