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2022 Supreme(Online)(KER) 23023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 W.P(C) NO.8381 OF 2022 PETITIONERS:
VASU, AGED 81 YEARS, S/O. APPU, QUARTERS NO.46, AMRITHA VISWAVIDHYAPEEDAM, AMRITHA NAGAR, ETTIMADA, COIMBATORE, NOW RESIDING AT HOUSE NO.9/939, PAROPAADI, MARYKUNNU, KOZHIKODE-673 012.
BY ADV. UNNI. K.K. (EZHUMATTOOR)
RESP ONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM-695 001.
2 SUB COLLECTOR/REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, PALAKKADU-678 001.
3 LOCAL LEVEL MONITORING COMMITTEE, PUTHUSSERY GRAMAPANCHAYATH REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, PUDUSSERY, KANJIKODE P.O., PIN-678 621.
4 SECRETARY, PUTHUSSERY GRAMA PANCHAYATH, KANJIKODE P.O., PIN-678 621.
5 DISTRICT COLLECTOR, CIVIL STATION, KENATHUPARAMBU, KUNNATHURMEDU, PALAKKADU-678 001.
R4 SRI. BABU JOSEPH KURUVATHAZHA R1-R3&R5 SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, ALONG WITH W.P.(C)NOS.8241/2022, 8245/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 W.P.(C) NO.8241 OF 2022 PETITIONER:
SEEMA, AGED 41 YEARS, W/O. RITHOSH, CHOONDEKUZHIYIL HOUSE, PILASSSERY P.O., KUNNAMANGALAM, KOZHIKODE-673 571.
BY ADV. UNNI. K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM-695 001.
2 SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALAKKADU-678 001.
3 LOCAL LEVEL MONITORING COMMITTEE, PUTHUSSERY GRAMAPANCHAYATH REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, PUDUSSERY, KANJIKODE P.O., PIN-678 621.
4 DISTRICT COLLECTOR, CIVIL STATION, KENATHUPARAMBU, KUNNATHURMEDU, PALAKKADU-678 001.
R1-R4 SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, ALONG WITH W.P.(C)NO.8381/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 W.P.(C) NO.8245 OF 2022 PETIT IONER:
CHANDRASEKHARAN NAIR B., AGED 48 YEARS, S/O. BALAKRISHNAN NAIR, PUSHPAMANGALAM HOUSE, CHEPPADU P.O., ALAPUZHA DISTRICT-690 507.
BY ADV. UNNI K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM-695 001.
2 SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALAKKADU-678 001.
3 LOCAL LEVEL MONITORING COMMITTEE, PUTHUSSERY GRAMAPANCHAYATH REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, PUDUSSERY, KANJIKODE P.O.,PIN-678 621.
4 DISTRICT COLLECTOR, CIVIL STATION, KENATHUPARAMBU, KUNNATHURMEDU, PALAKKADU-678 001.
R1-R4 SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, ALONG WITH W.P.(C) NO.8381/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 W.P.(C) NO.8265 OF 2022 PETITIONER:
RAMESHKUMAR, AGED 56 YEARS, S/O. BALAKRISHNAN, CLEEM HOUSE, MARYKUNNU P.O., KOZHIKODE-673 012.
BY ADV. UNNI K.K. (EZHUMATTOOR)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM-695 001.
2 SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALAKKADU-678 001.
3 LOCAL LEVEL MONITORING COMMITTEE, PUTHUSSERY GRAMAPANCHAYATH REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, PUDUSSERY, KANJIKODE P.O., PIN-678 621.
4 DISTRICT COLLECTOR, CIVIL STATION, KENATHUPARAMBU, KUNNATHURMEDU, PALAKKADU-678 001.
R1-R4 SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2022, ALONG WITH W.P.(C) NO.8381/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V. KUNHIKRISHNAN, J.
------------------------------------------------------- W.P. (C) Nos.8241, 8245, 8265 & 8381 of 2022 -------------------------------------------------------
Dated this the 1st day of July, 2022
JUDGMENT
All these writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment.
2. The petitioner in W.P.(C) No.8381 of 2022 is the owner of 4.05 Ares (10 cents) of residential plot in Re-survey No.50/3 in Puthussery East Village in Palakkadu Taluk in Palakkadu District. The petitioner got the property from his son Syamlal as per the settlement deed No.5203/2015. Petitioner's son Syamlal purchased the property in the year 2011 vide Sale Deed No.2117/2011. According to the petitioner, the property is not a paddy land and the same was converted to coconut plantations even before the commencement of Kerala Conservation of Paddy Land and Wetland Act, 2008. The son of the petitioner made an application for building permit and the 4th respondent issued a building permit to construct a residential building. The Village Officer, Puthussery East on 07.05.2011 issued a possession certificate to the son of the petitioner showing that the property is a residential plot. After construction of the house, the building was assessed for one time tax. After completion of residential building, the petitioner submitted a completion report and requested to number the building and to issue occupancy certificate. But the 4th respondent has not numbered the building and directed to produce the order from the Revenue Divisional Officer to number the building. The property of the petitioner is included in the data bank was published in 2016 as paddy land in the name of the petitioner. The petitioner submitted an application in Form No.5 to the 2nd respondent to correct the data bank and to remove the wrong entry. The application was forwarded to the 3rd respondent and they obtained a report from the Kerala State Remote Sensing and Environment Centre (KSREC). But without considering the KSREC report, Local Level Monitoring Committee (LLMC) decided to keep the property as paddy land. Consequently, the Revenue Divisional Officer passed orders rejecting the application. Aggrieved by the same, this writ petition is filed. Similar is the situation in W.P.(C) Nos.8241 of 2022, 8245 of 2022 and 8265 of 2022. In all those cases, even though there is report from the KSREC, the LLMC has not considered the same and consequently, the Revenue Divisional Officer rejected the application. Hence, all the writ petitions are filed. The properties in the other three writ petitions are adjacent properties.
2. Heard the counsel for the petitioners and the Government Pleader.
3. Admittedly, in these cases, there is a report from the KSREC. It is also an admitted fact that the LLMC has not considered the KSREC report before forwarding the matter to the Revenue Divisional Officer.
4. The Government Pleader after getting instruction from the Revenue Divisional Officer submitted that the LLMC has not considered KSREC report. If that is the case, the impugned orders passed by the Revenue Divisional Officer in these writ petitions can be set aside and the Revenue Divisional Officer can be directed to remit the matter to the LLMC and the LLMC can consider the KSREC report and thereafter, submit the recommendation to the Revenue Divisional Officer so that the Revenue Divisional Officer can pass consequential orders.
Therefore, these writ petitions are disposed of with the following directions:-
i) The impugned orders passed by the Revenue Divisional Officer in these writ petitions are quashed.
ii) The Revenue Divisional Officer in these writ petitions will remit the matter to the LLMC concerned and the LLMC, after considering the KSREC report, will recommend the matter to the Revenue Divisional Officer concerned.
iii) Based on the recommendation of the LLMC, the Revenue Divisional Officer will pass appropriate orders in accordance with law.
iv) The above exercise should be completed by the Revenue Divisional Officer and the LLMC as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
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