Dismissed

Abdul Niyas, v. the District Collector

Kerala HC5 Apr 2024WP(C)/13351/2023

Case brief

AI extract

What is this about?

A writ petition challenged rejection of a Form 6 application to convert paddy land under the Kerala Conservation of Paddy Land and Wet Land Act, 2008; the property was subsequently included in the data bank. The court upheld the rejection, holding data-bank inclusion by the LLMC competent, and dismissed the petition while permitting a fresh Form 5 application for removal from the data bank.

What did the court decide?

Dismissed without prejudice; petitioner may apply under Form 5 for removal of the property from the notified data bank, to be considered on its merits.

Abdul Niyas, Vs the District Collector — Land Acquisition | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946

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WP(C) NO. 13351 OF 2023

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PETITIONER:

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ABDUL NIYAS,
AGED 38 YEARS
S/O ABOOBACKER, BEEBEERAKATH PUTHIYAPURAYIL,
KOTTOOR, SREEKANDAPURAM P.O, KANNUR, PIN - 670631
BY ADV MANAS P HAMEED

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR,

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KANNUR, CIVIL STATION, KANNUR, PIN - 670002

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2 REVENUE DIVISIONAL OFFICER, TALIPARAMBA, REVENUE TOWER, TALIPARAMBA, KANNUR, PIN - 670141

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3 THE VILLAGE OFFICER, CHENGALAYI, CHENGALAYI P.O, KANNUR, PIN - 670631

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4THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHENGALAYI VILLAGE, CHENGALAYI P.O,
KANNUR, PIN - 670631

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5 CHENGALAYI GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, CHENGALAYI P.O, KANNUR, PIN - 670631

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6 THE SECRETARY, CHENGALAYI GRAMA PANCHAYATH, CHENGALAYI P.O, KANNUR, PIN - 670631

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7 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, CHENGALAYI GRAMA PANCHAYATH, CHENGALAYI P.O, KANNUR, PIN - 670631

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BY ADVS.
MADHAVANUNNI V T
V.A.SATHEESH(K/000840/1992)

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OTHER PRESENT:

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SMT SHEEBA GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13351 OF 2023

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..2..

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MOHAMMED NIAS C.P., J.

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=========================

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W.P.(C.) No. 13351 of 2023

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=========================

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Dated this the 5^th day of April, 2024

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J U D G M E N T

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The petitioner challenges Ext.P2 order, by which an application under Form 6 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 was rejected vide order dated 04.10.2021. The petitioner had unsuccessfully challenged the same in Ext.P6 appeal, wherein Ext.P2 order was affirmed. Thereafter, the property was included in the data bank by Ext.P5 notification dated 10.11.2022. The reason for the rejection of the Form 6 application is that the land in question is surrounded by cultivated paddy fields on the north eastern side, and the land is completely waterlogged for the whole year, and it is only suitable for paddy cultivation. The report regarding the same was given by the Agricultural officer, after a site inspection, leading to

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WP(C) NO. 13351 OF 2023

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..3..

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the property being included in the data bank as per Ext.P5 notification.

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The learned counsel for the petitioner argues that the inclusion of the property in the data bank after filing of Form 6 application is wrong. This argument cannot be accepted as, as going by Section 5(4) of the Act, the LLMC was competent to include a property in the data bank, more so by the passing of Ext P2 and P6 that showed the nature of the land. It was the case of the government that even from the stage of the first rejection in Ext.P2, that the property was a cultivable land and that it was surrounded by paddy cultivation. In the said case, the dictum laid down by this Court in judgment in Revenue Divisional Officer, Ernakulam v. M/s Poothotta Resorts Pvt. Ltd. (2023 (1) KHC 34) applies and the only remedy for the person challenging the same is to show that the inclusion was wrong, by filing an appropriate application for removal of the same from the data bank. The findings in Exts.P2 and P6 to the extent that rejects the application under Form 6

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WP(C) NO. 13351 OF 2023

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..4..

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cannot be held to be wrong.

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Accordingly, the challenge to the impugned order fails, and the writ petition is dismissed, without prejudice to the right of the petitioner to approach the competent authority under Form 5 of the Act for removal of the property from the notified data bank, which should be considered on its merits according to law by the respondents concerned.

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Sd/-

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MOHAMMED NIAS C.P.,

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JUDGE

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WP(C) NO. 13351 OF 2023

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..5..

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APPENDIX OF WP(C) 13351/2023

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PETITIONER EXHIBITS :

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`EXHIBIT P1`	`A TRUE COPY OF THE LAND TAX RECEIPT` `DATED 28.06.2022 ISSUED BY THE 3RD` `RESPONDENT`
`EXHIBIT P2`	`A TRUE COPY OF THE ORDER DATED` `04.10.2021 ISSUED BY THE 2ND RESPONDENT`
`EXHIBIT P3`	`A TRUE COPY OF THE APPLICATION DATED` `01.06.2022 FILED BY THE PETITIONER` `BEFORE THE 1ST RESPONDENT UNDER SECTION` `27B OF THE ACT`
`EXHIBIT P4`	`A TRUE COPY OF THE JUDGMENT DATED` `03.08.2022 PASSED BY THIS HONOURABLE` `COURT IN W.P.(C).NO.24922 OF 2022`
`EXHIBIT P5`	`A TRUE COPY OF THE NOTIFICATION DATED` `10.11.2022 ISSUED BY THE 5TH RESPONDENT,` `PUBLISHED IN KERALA GAZETTE`
`EXHIBIT P6`	`A TRUE COPY OF THE ORDER DATED` `27.02.2023 ISSUED BY THE 1ST RESPONDENT`
`EXHIBIT P7`	`A TRUE COPY OF RELEVANT PAGES OF` `NOTIFIED DATA BANK`

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// True Copy // PA To Judge

Abdul Niyas, v. the District Collector

Case brief

What is this about?

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Abdul Niyas, v. the District Collector

Case brief

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