High Court of KeralaWP(C)/18835/2015disposed of

Usha Venkatesh v. State Of Kerala

2015-10-01Honourable Mr. Justice A.Muhamed Mustaque7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 18835 of 2015 (D) ---------------------------- PETITIONER :

----------------------- USHA VENKATESH, SREEKARA MADOM, A.N.PURAM, MULLACKAL VILLAGE, ALAPPUZHA.

BY ADVS.SRI.A.KUMAR SRI.P.J.ANILKUMAR SMT.G.MINI SRI.P.S.SREE PRASAD RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY-AGRICULTURE GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

2. DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA-688 001.

3. SUB-COLLECTOR, REVENUE DIVISIONAL OFFICE, ALAPPUZHA-688 001.

4. TAHASILDAR, AMBALAPPUZHA TALUK OFFICE, ALAPPUZHA-688 001.

5. VILLAGE OFFICER, PARAVOOR VILLAGE, ALAPPUZHA-688 003.

6. AGRICULTURAL OFFICER, PUNNAPRA NORTH, KRISHI BHAVAN, PUNNAPPRA-688 014.

7. PUNNAPRA NORTH GRAMA PANCHAYATH, PUNNAPRA P.O., ALAPPUZHA-688 014.

8. KALARKODE VENUGOPALAN NAIR, GEETHA BHAVAN, SANATHANAPURAM P.O., ALAPPUZHA-688 003.

R1 TO R6 BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN R8 BY SRI.KALARKODE VENUGOPALAN NAIR(PARTY-IN-PERSON) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18835 of 2015 (D) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 A TRUE COPY OF THE DOCUMENT RECOGNIZING HER SERVICES BY GOVERNMENT OF GUJARAT P2 A TRUE COPY OF THE SALE DEED NO.

338/04 OF ALAPPUZHA SRO DATED 22/01/2004 P3 A TRUE COPY OF THE PERMIT DATED AND 23/01/2009 ISSUED BY THE 7TH RESPONDENT P4 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 15/2/2012 ISSUED BY THE 7TH RESPONDENT P5 A TRUE COPY OF THE PERMIT DATED 23/12/2009 ISSUED BY THE 7TH RESPONDENT P6 A TRUE COPY OF THE PERMIT DATED 17/4/2010 IN THE NAME OF THE PETITIONER P7 A TRUE COPY OF THE BUILDING PERMIT DATED 25/01/2013 ISSUED BY THE 7TH RESPONDENT P8 A TRUE COPY OF THE DRAFT AS PER THE DATA BANK P9 A TRUE COPY OF THE LETTER DATED 07/12/2012 P10 A TRUE COPY OF THE REMINDER LETTER DATED 21/08/2013 P11 A TRUE COPY OF THE SUBMISSION P12 A TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 26/08/2014 P13 A TRUE COPY OF THE JUDGMENT IN WP(C).NO.

24994/2014 DATED 16/01/2015 P14 A TRUE COPY OF THE REVISION PETITION WITHOUT ANNEXURE P15 A TRUE COPY OF THE ORDER PASSED BY THE IST RESPONDENT DATED 19/06/2015 P16 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 28/04/2015.

----------------------------------------------------------------------- R8(A) COPY OF THE OBJECTION SUBMITTED BY THE 8TH RESPONDENT IN REVISION NO.63/NCA 3/15/AGRL BEFORE THE 1ST RESPONDENT sts 2/-

-2WP(C).NO.18835/2015 R8(B) COPY OF THE PROCEEDINGS INITIATED BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR.

R8(C) COPY OF THE PROCEEDINGS INITIATED BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR.

R8(C) COPY OF THE PROCEEDINGS INITIATED BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR DATED 22/1/2014.

R5(A) COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 18835 of 2015 ---------------------------------------------------- Dated this the 1st day of October,2015

J U D G M E N T

------------------------- The petitioner is the owner and in possession of the property in Resurvey No.44/11 in Block No.10 of Paravoor North Village of Ambalapuzha Taluk. The petitioner purchased this property in the year 2004.

The petitioner, based on a permit obtained by a local authority, constructed a school. The petitioner approached this Court challenging the orders passed by the authority under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as Act 28 of 2008). It appears that the land has been reclaimed illegally and the petitioner has constructed the building in violation of Act 28 of 2008.

The petitioner submits that this land is not classified either as paddy, nilam or wet land under the Act 28 of 2008. The petitioner submits that no agricultural activity is being conducted in the property and the land is

W.P.(C).No.18835 of 2015 lying fallow without any cultivation for the past 50 years. 4.

The 8th respondent, who has been additionally impleaded raised a complaint against the petitioner. He was also heard in the matter. The 8th respondent would contend that this land is classified as nilam in the revenue records as well as under the provisions of Act 28 of 2008. He points out that the land was illegally reclaimed by the petitioner.

The learned Government Pleader would submit that this land is classified as wet land and has produced the draft data bank, as per Ext.R5(a).

Now the fact remains that there is a classification under the provisions of Act 28 of 2008. In that view of the matter, there is no infirmity with the orders passed by the authorities under Act 28 of 2008.

However, the petitioner has a case that this is a converted land before the enactment of Act 28 of 2008 and this land is erroneously included in the draft data bank.

W.P.(C).No.18835 of 2015 8.

This Court is of the view that the petitioner shall approach the Local Level Monitoring Committee to correct the entry relating to the land. The Local Level Monitoring Committee shall conduct a site inspection after notice to the petitioner and the 8th respondent and find out the status of the land as on the date of enactment of Act 28 of 2008. If the land cannot be classified either as paddy land or wetland or nilam, necessarily, corresponding changes shall be effected in the draft data bank.

If the description of land is corrected in the draft data bank, necessarily, impugned orders shall be revoked by the competent authority. If the Local Level Monitoring Committee find that there is no scope for correcting the entry relating to the draft data bank, the authorities are free to implement the impugned orders and appropriate action shall be taken against the petitioner for reclaiming the land illegally subject to any satisfactory evidence available against the petitioner.

W.P.(C).No.18835 of 2015 10.

The petitioner shall approach the Local Level Monitoring committee within a period of two weeks from the date of receipt of a copy of this judgment. Thereafter, the Local Level Monitoring Committee shall take a decision after hearing the petitioner and the 8th respondent within further a period of two months. The petitioner shall not undertake any construction till a final decision is taken in this matter.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/