Landowner challenged rejection of his Form 5 application under the Kerala Conservation of Paddy Land and Wetland Act to delete converted land from the data bank. The court quashed the impugned orders, directed a KSREC report on the land's status at the Act's commencement, and ordered fresh consideration by the RDO.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 1802 OF 2023
PETITIONER:
MATHEW T.U
AGED 62 YEARS
S/O UIAHANNAN, THANNITTAMMACKEL, VAZHAKKULAM
P.O., ERNAKULAM DISTRICT, PIN - 686670
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 6866612 AGRICULTURAL OFFICER AGRICULTURAL OFFICE, MANJALLOOR, VAZHAKKULAM, ERNAKULAM, PIN - 6866703 VILLAGE OFFICER, MANJALLOOR VILLAGE OFFICE, VAZHAKKULAM, ERNAKULAM DISTRICT, PIN - 686670BY SYAMANTHAK - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1802 of 2023
2
JUDGMENT Dated this the 2nd day of April, 2024
Petitioner challenges Exhibits P10 and P11 orders
dated 22.09.2022 passed under the provisions of the Kerala Conservation of Paddy Land and Wetland Act and Rules.
W.P.(C) No.1802 of 2023
3
correct. In view of the facts of the case and materials available, a fresh decision is to be taken on the Form No.5 application preferred by the petitioner. To enable the same, the petitioner shall make an application before the Agricultural Officer within three weeks from today, for a report from the KSREC as to the said position of the land as on the commencement of the Kerala Conservation of Paddy Land and Wetland Act. The KSREC will submit a report within 2 months from the date of requisition from the Agricultural Officer, which will enable the RDO to take a decision within 2 months thereafter, considering all the inputs and strictly in terms of the Act, in the Form No.5 application preferred by the petitioner within 3 months from the date of receipt of report from the KSREC as aforesaid. To take a fresh decision as directed above, impugned orders Exhibits P10 and P11 will stand quashed. The petitioner will be free to pursue his application under Form No.6 in case orders are passed in his favour as directed above.
The writ petition is disposed of as above.
Sd/MOHAMMED NIAS C.P. JUDGE
SSK/02/04
W.P.(C) No.1802 of 2023
4
APPENDIX OF WP(C) 1802/2023
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPYTHE PETITIO |
OF THE LAND TAX RECEIPT OFNER DATED 22.04.2022 |
|---|---|---|
TRUE COPY |
OF THE RELEVANT PAGE OF DATA |
|
Exhibit P2 |
BANK OF |
MANJALLOOR GRAMA PANCHAYAT |
PREPARED B24.03.2012 |
Y THE 2ND RESPONDENT DATED |
|
TRUE COPY |
OF THE APPLICATION OF THE |
|
PETITIONER |
SUBMITTED BEFORE THE 1ST |
|
Exhibit P3 |
RESPONDENTCOUNTER SI3 ON 18.02. |
DATED 16.02.2019, WHICH ISGNED BY THE RESPONDENTS 2 AND2019 |
Exhibit P4 |
TRUE COPYRESPONDENT |
OF THE ORDER OF THE 1STDATED 15.02.2021 |
Exhibit P5 |
TRUE COPYPETITIONER |
OF THE APPLICATION OF THEDATED NIL |
Exhibit P6 |
. TRUE COPRESPONDENT |
Y OF THE LETTER OF THE 1STDATED 30.12.2021 |
Exhibit P7 |
TRUE COPYRESPONDENT |
OF THE LETTER OF THE 3RDDATED 13.01.2022 |
Exhibit P8 |
TRUE COPYRESPONDENT |
OF THE REPORT OF THE 2NDDATED 04.04.2022 |
TRUE COPY |
OF THE PROCEEDINGS OF THE |
|
Exhibit9 |
LLMC DATEGRAMA PANCH |
D 25.08.2022 OF MANJALLOORAYAT |
Exhibit P10 |
TRUE COPYRESPONDENT |
OF THE ORDER OF THE 1STDATED 22.09.2022 IN FORM 5 |
Exhibit P11 |
TRUE COPYRESPONDENT |
OF THE ORDER OF THE 1STDATED 22.09.2022 IN FORM 6 |
1 issue framed by the court
Whether the petitioner's Form No.5 application to remove his converted land from the paddy land data bank was correctly rejected by the Agricultural Officer and the RDO.
1 provisions across 1 enactments
MATHEW T.U
THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
AGRICULTURAL OFFICER, MANJALLOOR
VILLAGE OFFICER, MANJALLOOR
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court