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2024 Supreme(Online)(KER) 4282
HIGH COURT OF KERALA
Murali Purushothaman, J
ALIKKAPARAMBIL MUJEEB RAHMAN – Appellant
Versus
THE DISTRICT COLLECTOR, – Respondent
WP(C) 4241/2024
A property that has been removed from the Data Bank cannot be proceeded against under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Headnote:
KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 - ILLEGAL FILLING UP OF PROPERTY - PROPERTY REMOVED FROM DATA BANK - PROCEEDINGS AGAINST PETITIONERS SET ASIDE
Fact of the Case:
Petitioners challenged Ext.P7 notice and Ext.P8 order passed by the 1st respondent, alleging illegal filling up of property comprised in Re.Sy.No.56/1 of Thiruvangad Village, Thalassery Taluk, Kannur District. The property was removed from the Data Bank as per Ext.P4 on 08.08.2019.
Finding of the Court:
Since the property has been removed from the Data Bank, the petitioners cannot be proceeded against by the 1st respondent alleging illegal conversion of the said land.
Issues: Whether the petitioners can be proceeded against for illegal filling up of property that has been removed from the Data Bank.
Ratio Decidendi: The court relied on its decision in Deepu D. v. District Collector, Kollam and Others [2022 (5) KHC 90], which held that once a property is removed from the Data Bank, it cannot be proceeded against under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Final Decision: Exts.P7 and P8 proceedings as against the petitioners are set aside.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945 WP(C) NO. 4241 OF 2024 PETITIONERS:
1 ALIKKAPARAMBIL MUJEEB RAHMAN AGED 52 YEARS S/O MUHAMMED KUNJI, ALIKKAMPARAMBIL HOUSE VANIYAMPALAM. P.O, VANDOOR, MALAPPURAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER ABDULLAKUTTY.A.P, AGED 54 YEARS, S/O PAKKER.A.P., RESIDING AT 1/3030 B, WEST HILL GOVT. ENGINEERING COLLEGE, KACHERI, WEST HILL.P.O., KACHERI VIILAGE AND DESAM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 679339
2 KUNJAHAMMED KALLANKANDI.
AGED 56 YEARS S/O KUNHAMMD KUTTY HAJI KALLANKANDI HOUSE, THALIYIL PO, KOZHIKKODE DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER ABDULLAKUTTY.A.P AGED 54 YEARS, S/O PAKKER.A.P., RESIDING AT 1/3030 B, WEST HILL GOVT. ENGINEERING COLLEGE, KACHERI, WEST HILL.P.O., KACHERI VIILAGE AND DESAM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-, PIN - 673508 BY ADV K.P.MADHU RESPONDENTS:
1 THE DISTRICT COLLECTOR, KANNUR DISTRICT, COLLECTORATE BUILDING KANNUR., PIN - 670002
2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, THALASSERY KANNUR DISTRICT,, PIN - 670101
3 THE TAHSILDAR (LR)
THALASSERY TALUK, KANNUR DISTRICT, PIN - 670104
4 VILLAGE OFFICER THIRUVANGAD VILLAGE OFFICE THALASSERY , KANNUR DISTRICT,, PIN - 670103
5 AGRICULTURAL OFFICER KRISHI BHAVAN THALASSERY, KANNUR DISTRICT,, PIN - 670104 OTHER PRESENT:
SR.GP.SMT.K.AMMINIKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners have filed this writ petition challenging Ext.P7 notice and Ext.P8 order passed by the 1st respondent, by which they were proceeded against under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 alleging illegal filling up of the property comprised in Re.Sy.No.56/1 (56/1, 56/3 and Re.Sy.No.56/106) of Thiruvangad Village, Thalassery Taluk, Kannur District. According to the petitioners, the property referred to in Exts.P7 and P8 has been removed from the Data Bank as per Ext.P4 on 08.08.2019.
2. Heard the learned counsel for the petitioners and the learned Government Pleader.
3. Since the property has been removed from the Data Bank, the petitioners cannot be proceeded against by the 1st respondent alleging illegal conversion of the said land in the light of the decision of this Court in Deepu D. v. District Collector, Kollam and Others [2022 (5) KHC 90]. Accordingly, Exts.P7 and P8 proceedings as against the petitioners are set aside.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB APPENDIX PETITIONER EXHIBITS Exhibit P1 A COPY OF THE REGISTERED DOCUMENT NO.
1228/2022 OF THALASSERRY SRO Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2023-2024 DATED 16/06/2023 Exhibit P3 A TRUE COPY OF THE PAGE NO,48 OF THE DATA BANK OF THE THALASSERRY MUNICIPALITY Exhibit P4 A TRUE COPY OF THE DECISION NO. LLMC 2/4/19-20 DATED 08/08/2019 Exhibit P5 A TRUE COPY OF THE FORM 7 APPLICATION SUBMITTED BEFORE THE RDO THALASSERY ON BEHALF OF THE PETITIONERS DATED 24/08/2023 Exhibit P6 A TRUE COPY OF THE JUDGEMENT IN WPC.34355/2023 BY THIS HON'BLE COURT DATED 15/11/2023 Exhibit P7 A TRUE COPY OF THE NOTICE ISSUED FROM THE FIRST RESPONDENT'S OFFICE DATED 17.11.2023, IN PURSUANCE OF SECTION 20 PROCEEDINGS OF THE PADDY LAND AND WET LAND ACT Exhibit P8 A TRUE COPY OF THE DIGITALLY SIGNED ORDER OF THE 1ST RESPONDENT DATED 27/12/23 Exhibit P9 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC 44173/2023 DATED 18/1/2024 Exhibit A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE P10 COURT REPORTED 2022 (5) KHC 90 (DEEPU D VS DISTRICT COLLECTOR KOLLAM & OTHERS)
Exhibit A TRUE COPY OF THE JUDGEMENT REPORTED AS 2023 P11 (7) KHC 93 (GEORGE VARGHESE VS DISTRICT COLLECTOR)
Exhibit A TRUE COPY OF THE CERTIFICATE ISSUED BY THE P12 4TH RESPONDENT VILLAGE OFFICER DATED 17/2/2024 FOR THE CLARIFICATION OF THE SURVEY NUMBERS
