Remanded

M.M. Hamsa v. the District Collector

Kerala HC6 Jan 2023WP(C)/17989/2018

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions challenging orders for vehicle seizure and payment under the Kerala Conservation of Paddy Land and Wetland Act, 2008. It directed petitioners to file applications before the Revenue Divisional Officer within one month and extended interim custody.

What did the court decide?

Directing petitioners to file suitable applications before the Revenue Divisional Officer within one month; extend interim order for four months; departmental authorities to consider applications with

M.M. Hamsa Vs the District Collector — Land Acquisition | Kerala HC (2023)

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W.P.(C) Nos.17989 & 23337 of 2018

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: 1 :

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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 SHAJI P.CHALY

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FRIDAY, THE 6^TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

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WP(C) NO. 17989 OF 2018

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PETITIONER/S:

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1 M.M. HAMSA S/O. N.K. MARAKKAR, MULAKKAMPILLY HOUSE,KAKKANAD P.O., PIN-682 030.

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2 RIBITH JAMAL P.J. S/O JAMAL. P.M., PULIKKUZHI, MUNDAMPALAM,VADACODE, THRIKKAKKARA P.O., PIN-682 021.

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BY ADVS. SRI.K.S.BHARATHAN SMT.C.J.LIZY

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KUM.S.SWATHY

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR

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ERNAKULAM, PIN-682 030.

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2 THE REVENUE DIVISIONAL OFFICER FORT KOCHI, PIN-682 001.

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3 THE ADDITIONAL TAHZILDAR KANAYANNUR, PIN-682 018.

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4 THE AGRICULTURAL OFFICER KAKKANAD, PIN-682 030.

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5 THE VILLAGE OFFICER

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VAZHAKKALA, THRIKKAKKARA P.O.,PIN-682 021.

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6 THE SUB INSPECTOR OF POLICE THRIKKAKKARA, PIN-682 021.

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7 THE THRIKKAKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, THRIKKAKKARA, PIN-682 021. BY ADVS.

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SRI.G.G.MANOJ, SC, THRIKKAKARA MUNICIPALITY R7 BY SRI. V.H.JASMINE

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R1 TO R6 BY SRI. JOBY JOSEPH, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.01.2023, ALONG WITH WP(C).23337/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.17989 & 23337 of 2018

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: 2 :

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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 SHAJI P.CHALY

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FRIDAY, THE 6^TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

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WP(C) NO. 23337 OF 2018

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PETITIONER/S:

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1 M.M. HAMSA S/O.N.K.MARAKKAR, MULAKKAMPILLY HOUSE,KAKKANAD.P.O, PIN682 030.

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2 RIBITH JAMAL.P.J S/O JAMAL.P.M, ,PULIKKUZHI, MUNDAMPALAM, VADACODE, THRIKKAKKARA.P.O,PIN-682 021.

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BY ADVS. SRI.K.S.BHARATHAN

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KUM.S.SWATHY

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR ERNAKULAM,PIN-680 664.

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2 THE REVENUE DIVISIONAL OFFICER FORT KOCHI,PIN-682 001.

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3 THE ADDITIONAL TAHZILDAR KANAYANNUR,PIN-682 018.

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4 THE AGRICULTURAL OFFICER KAKKANAD,PIN-682 030.

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5 THE VILLAGE OFFICER

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VAZHAKKALA,THRIKKAKARA.P.O,PIN-682 021.

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6 THE SUB INSPECTOR OF POLICE THRIKKAKKARA,PIN-682 021.

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7 THE THRIKKAKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY,THRIKKAKARA,PIN-682 021. BY ADVS.

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REKHA AGARWAL

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SRI.G.G.MANOJ, SC, THRIKKAKARA MUNICIPALITY

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R1 TO R6 BY SRI. JOBY JOSEPH, SR. GOVERNMENT PLEADER SMT. REKHA AGARWAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.01.2023, ALONG WITH WP(C).17989/2018, THE COURT ON THE

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DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.17989 & 23337 of 2018

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: 3 :

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SHAJI P. CHALY, J.

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W.P.(C). Nos. 17989 & 23337 of 2018

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Dated this the 6^nd day of January, 2023.

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JUDGMENT

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The writ petitions are filed by one and the same persons, who are owners of a landed property and a lorry.

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W.P.(C) No. 17989 of 2018 is filed challenging Exhibits P5 and P6 orders dated 24.05.2018 issued by the Village Officer, Vazhakkala, 5^th respondent, and seeking a direction to the Sub Inspector of Police, Thrikkakkara, respondent No.6, to release the vehicle belonging to the 2^nd petitioner bearing No. KL-40-F-6831.

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W.P.(C) No. 23337 of 2018 is filed challenging Exhibit P13 order dated 19.06.2018 passed by the District Collector, Ernakulam, respondent No.1, and seeking a direction to respondents 1 and 5 to pay the first petitioner an amount of Rs.87,500/- and the costs incurred by the first petitioner in preferring W.P.(C) No. 17989 of 2018.

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The first petitioner is stated to be the owner of an extent of 10.85 Ares in re-survey No. 302/9 of Vazhakkala Village, Ernakulam District, which is mentioned as purayidom. Yet another property having an extent of 15.48 Ares in re-survey Nos. 300/3, 301-6 and 301/1 are remaining as ‘nilam’.

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W.P.(C) Nos.17989 & 23337 of 2018 : 4 :

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The issue raised in this writ petition pertains to the proceedings initiated by the Village Officer under Section 12 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (‘Act, 2008’ for short).

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On a perusal of the orders passed by the Village Officer, it is quite clear and evident that the Village Officer is of the opinion that the first petitioner has attempted to convert the paddy field by filling up it with soil from outside. It was accordingly that proceedings were initiated and the first petitioner was directed to reconvert the property, and the vehicle used for filling up of the paddy field was also seized.

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Anyhow, when W.P.(C) No. 17989 of 2018 was admitted to the files of this Court on 01.06.2022, an interim order was granted directing the District Collector, Ernakulam, respondent No.1, to take a decision as to whether or not a confiscation of the vehicle is warranted in accordance with Section 20 of the Act, 2008, after taking note of Exhibit P2 order passed by the Revenue Divisional Officer, Fort Kochi, respondent No.2. It was also directed to consider the issue of grant of interim custody of the vehicle to the petitioner, if for any reason, the first respondent cannot take a decision with regard to the confiscation of the vehicle within the period as directed. 8. In my considered opinion, a detailed deliberation of the matter is not required, since the properties in

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W.P.(C) Nos.17989 & 23337 of 2018 : 5 :

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question are included in the data bank constituted as per the provisions of the Act, 2008. The case of the first petitioner is that prior to the introduction of the Act, 2008, he has secured orders under Clause 6 of the Kerala Land Utilisation Order, 1967. It is also contended that when the property was converted prior to the introduction of the Act, 2008 after securing necessary orders, the Village Officer was not competent to initiate proceedings under Section 12 of the Act, 2008.

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However, the learned Senior Government Pleader has filed a memo dated 24.11.2022 in W.P.(C) No. 17989 of 2018 producing the revenue records which shows that the property is included in the data bank constituted as per the Act, 2008. Even if the property is included wrongly or incorrectly in the data bank, a remedy is available to the aggrieved person by invoking the provisions of the Kerala Conservation of Paddy land and Wetland Rules, 2008.

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In that view of the matter and since the factual circumstances are involved in the subject issue, I think, it is only appropriate that the interim order granted by this Court is extended for a reasonable period and the petitioners are granted the liberty to approach the statutory authorities to file suitable applications in accordance with law.

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Therefore, after having heard the learned counsel for the

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W.P.(C) Nos.17989 & 23337 of 2018 : 6 :

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petitioners Sri. K.S Bharathan and the learned Senior Government Pleader Sri. Joby Joseph, this writ petition is disposed of directing the petitioners to file suitable applications before the second respondent i.e., the Revenue Divisional Officer, Fort Kochi within a month from the date of receipt of a copy of this judgment. If any such application is received by the second respondent in accordance with the Act, 2008 and the Rules thereto, it shall be considered in accordance with law, taking into account the order passed by the Revenue Divisional Officer under clause 6 of the Kerala Land Utilisation Order, 1967 at the earliest and at any rate within three months from the date of receipt of the application.

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Needless to say, if the first petitioner is able to secure any enabling orders in the proceedings as directed above, I do not think any purpose would be served by pursuing further the order passed by the Village Officer, which is impugned in these writ petitions. In that view of the matter, the interim order granted by this Court is directed to be continued for a further period of four months from today. The petitioners will be guided by the orders so passed by the Revenue Divisional Officer as directed above.

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These writ petitions are disposed of accordingly.

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sd/- SHAJI P. CHALY, JUDGE.

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W.P.(C) Nos.17989 & 23337 of 2018

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: 7 :

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APPENDIX OF WP(C) 17989/2018

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PETITIONER’S EXHI	BITS”
EXHIBIT P1	TRUE COPY OF THE GIFT DEED DATED 17.10.2013 AS DOCUMENT NO. 2964 OF 2013 OF THRIKKAKARA SUB REGISTRAR OFFICE
EXHIBIT P2	TRUE COPY OF THE ORDER DATED 04.07.2011 BEARING NO. K-2798 OF 2011 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.04.2018 BEARING NO. 7435053 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P4	TRUE COPY OF THE INFORMATION GIVEN BY THE 5TH RESPONDENT TO THE PREDECESSOR IN INTEREST OF THE 1ST PETITIONER DATED NIL.
EXHIBIT P5	TRUE COPY OF THE MAHAZAR DATED 24.05.2018 BEARING NO. 209/18 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 24.05.2018 BEARING NO 02/18 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P7	TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED ON 16.03.2012 OF THE VEHICLE NO. KL-40-F- 6831.
EXHIBIT P8	TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM DATED 24.07.2014.
EXHIBIT P9	TRUE COPY OF THE INSURANCE POLICY OF THE VEHICLE DATED 28.05.2019
EXHIBIT P10	TRUE COPY OF THE RECEIPT DATED 21.04.2018 EVIDENCING PAYMENT OF MOTOR VEHICLE TAX DOWNLOADED FROM THE SITE.
EXHIBIT P11	TRUE COPY OF THE RECEIPT DATED 21.04.2018 EVIDENCING PAYMENT OF CONTRIBUTION TO THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD.

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RESPONDENTS’ EXHIBITS: NIL

True Copy

PS To Judge.

W.P.(C) Nos.17989 & 23337 of 2018

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: 8 :

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APPENDIX OF WP(C) 23337/2018

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PETITIONERS’ EXHI EXHIBIT P1	BITS: TRUE COPY OF THE GIFT DEED DATED 19.10.2013 AS DOCUMENT NO.2964 OF 2013 OF THRIKKAKARA SUB REGISTRAR OFFICE.
EXHIBIT P2	TRUE COPY OF THE ORDER DATED 04.07.2011 BEARING N O.K-2798 OF 2011 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.04.2018 BEARING NO.7435053 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P4	TRUE COPY OF THE INFORMATION GIVEN BY THE 5TH RESPONDENT TO THE PREDECESSOR IN INTEREST OF THE 1ST PETITIONER DATED NIL.
EXHIBIT P5	TRUE COPY OF THE MAHAZAR DATED 24.05.2018 BEARING NO.209/18 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 24.05.2018 BEARING NO.02/18 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P7	TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED ON 16.03.2012 OF THE VEHICLE NO KL-40-F- 6831.
EXHIBIT P8	TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE REGIONAL TRANSPORT AUTHORITY,ERNAKULAM DATED 24.07.2014
EXHIBIT P9	TRUE COPY OF THE INSURANCE POLICY OF THE VEHICLE DATED 28.05.2019
EXHIBIT P10	TRUE COPY OF THE RECEIPT DATED 21.04.2018 EVIDENCING PAYMENT OF MOTOR VEHICLE TAX DOWNLOADED FROM THE SITE.
EXHIBIT P11	TRUE COPY OF THE RECEIPT DATED 21.04.2018 EVIDENCING PAYMENT OF CONTRIBUTION TO THE KERALA MOTOR TRANSPORT WORKERS FUND BOARD.
EXHIBIT P12	TRUE COPY OF THE ORDER DATED 01.06.2018 IN WPC NO.17989 OF 2018.
EXHIBIT P13	TRUE COPY OF THE ORDER DATED 19.06.2018 BEARING NO.191215/18/L 10 OF THE 1ST RESPONDENT
EXHIBIT P14	TRUE COPY OF THE CHALAN DATED 20.06.2018.

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RESPONDENTS’ EXHIBITS: NIL

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True Copy

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PS To Judge.

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M.M. Hamsa v. the District Collector

Case brief

What is this about?

What did the court decide?

M.M. Hamsa v. the District Collector

Case brief

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