Disposed

Febin Babu Mootheril, v. State of Kerala

Kerala HC8 Jul 2024WP(C)/14026/2024

Case brief

AI extract

What is this about?

A landowner sought removal of his garden land from the paddy land data bank after building permit refusal due to 'Nilam' classification. The court noted the data bank entry as 'converted land' did not serve the Act's purpose and directed the Revenue Divisional Officer to consider the pending Form-5 application after a Local Level Monitoring Committee report.

What did the court decide?

RDO directed to consider and pass orders on Ext.P5 Form-5 application within two months after LLC report due within two months.

Febin Babu Mootheril, Vs State of Kerala — 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 P.M.MANOJ

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MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
WP(C) NO. 14026 OF 2024

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PETITIONER:

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FEBIN BABU MOOTHERIL,
AGED 48 YEARS, S/O.BABU DAVIS MOOTHERIL,
MOOTHERIL HOUSE, ELAMKULAM ROAD,KALOOR, KOCHI-
682017, NOW RESIDING AT 6139 HARTH CT, LISLE,
ILLINOIS 60532, USA,
REPRESENTED BY HIS POWER OF ATTORNEY,
C.M.KUNJUMUHAMMED, AGED 74, NIYAS MANZIL, INTUC
ROAD, NETTOOR.P.O, EMAKULAM DISTRICT,
PIN – 682 040.

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BY ADVS.

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C.M.EBRAHIM
JOBI.A.THAMPI
SHOUKATH HUSAIN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

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2 THE DISTRICT COLLECTOR, ERNAKULAM,CIVIL STATION, KAKKANAD, PIN – 682 030.

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3 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM, PIN – 682 001.

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4 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN KALAMASSERY VADACODE P.O. ERNAKULAM, PIN – 682 021.

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W.P.(C)No.14026 of 2024

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OTHER PRESENT:

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SMT.AMMINIKUTTY K., SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.14026 of 2024

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JUDGMENT

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The writ petition is preferred being aggrieved by the non-consideration of Ext.P5 application in Form-5 by respondent Nos.3 & 4.

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It is stated that the petitioner is in absolute possession and ownership of a property having an extent of 9.88 Ares comprised in resurvey No.276/2 of Thrikkakara North Village, Kanayannoor Taluk, Ernakulam District. At the time of purchase itself, the property is having the nature of garden land. It is also contended that the property of the petitioner as well as other properties surrounding the said property on the three sides are also garden lands. However, the same is described in the Revenue Records as ‘Nilam’ and included in the data bank prepared by the 4^th respondent. It is described in the data bank as ‘converted land’ and the period of conversion is recorded as 2003. Since the petitioner is proposed to construct residential building in the property, he

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W.P.(C)No.14026 of 2024

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approached the Kalamassery Municipality for building permit. Then, he was informed that permit cannot be granted due to the reason that the property is classified as ‘Nilam’ in the Revenue Records. Accordingly, the petitioner preferred Ext.P5 application to remove the same from the data bank. It is further asserted that there is no paddy cultivation or other similar agricultural operations got done in the property or in the surrounding properties for the last 30 years.

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I have heard learned counsel for the petitioner as well as the learned Sr. Government Pleader.

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Rule 4 of the Kerala Conservation of Paddy land & Wetland Act specifies to prepare a Data Bank by Local Level Monitoring Committee with respect to Paddy land and wetland that would be utilized for cultivation. In the case in hand, the remarks in Data Bank against property in question is ‘converted land’ 2003. That will not serve the purpose and intent of the Act. In Salim C.K. & another v. State of Kerala & others reported in [2017 (1) KLT

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W.P.(C)No.14026 of 2024

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392] , it is held by this Court that “The data bank contemplated under the provisions of the Act was to contain details only of cultivable paddy land and wetland within the area of jurisdiction of the Local Level Monitoring Committee concerned, and was not intended to contain details of any other category of land”.

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On perusing the records, it is seen that Ext.P5 application dated 28.03.2023 is appeared to be pending consideration before the 3^rd respondent, Revenue Divisional Officer. Hence, I deem it appropriate to direct the 3^rd respondent to consider and pass appropriate orders on Ext.P5 application on considering facts and circumstances, and after obtaining report from the 4^th respondent, Convenor, Local Level Monitoring Committee, who is the Agricultural Officer. The 4^th respondent shall submit a report with respect of the property in question within two months from the date of receipt of a copy of the judgment. On receipt of such report, the 3^rd respondent shall take decision on Ext.P5 application within a further period of two

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W.P.(C)No.14026 of 2024

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months thereafter.

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The writ petition is disposed accordingly.

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Sd/-

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P.M. MANOJ, JUDGE

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S.M.K.

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W.P.(C)No.14026 of 2024

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APPENDIX OF WP(C) 14026/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE POWER OF ATTORNEY
DATED 1-4-2023
Exhibit P2TRUE COPY OF THE SALE DEED NO.588/09 OF
EDAPPALLY SUB REGISTRAR OFFICE
Exhibit P3TRUE COPY OF THE BASIC TAX RECEIPT
DATED 03-02-2024 ISSUED TY THE VILLAGE
OFFICER, 'THRIKKAKARA NORTH
Exhibit P4TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK PREPARED TY THE 4TH
RESPONDENT
Exhibit P5THE COPY OF THE APPLICATION DATED 28-
03-2023 SUBMITTED TY THE PETITIONER

Febin Babu Mootheril, v. State of Kerala

Case brief

What is this about?

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Febin Babu Mootheril, v. State of Kerala

Case brief

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