Benny P.K. v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.R. Ramachandra Menon
Judgment Date: 2015-04-01
Court Decision / Holding: Writ petition disposed of. Directs the convenor of the Local Level Monitoring Committee to place the petitioner’s application before the Committee, conduct a spot inspection with notice to the petitioner, and pass appropriate orders in accordance with law after hearing, taking into account observations in Adani Infrastructure and Developers Pvt. Ltd. v. State of Kerala (2015 (1) KLT 651). The proceedings are to be completed within three months from receipt of the copy of this judgment.
Final Disposition: The writ petition is disposed of.

Parties to the Case

Appellants / Petitioners

Benny P.K.

Respondents

State of Kerala
Village Officer Angamaly Angamaly P.O., Ernakulam
Agricultural Officer Angamaly Angamaly P.O., Ernakulam
Tahsildar Aluva Taluk Office, Ernakulam
Addl Tahsildar Aluva Taluk Office, Ernakulam
Angamaly Municipal Corporation, Angamaly P.O., Ernakulam
Revenue Divisional Officer, Aluva, Ernakulam
District Collector, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Sri A. Jayasankar
• Sri C.V. Manvilasan
• Sri Manu Govind

Counsels for Respondents

• Sri V.M. Kurian, SC (Angamaly Municipality)
• Sri P.K. Soyuz, Government Pleader

Case Synopsis & Summary

The petitioner Benny P.K. challenges the inclusion of his land in Sy.No. 273/10-2 (Angamaly village, Aluva taluk, Ernakulam district) in the data bank as paddy land under the Kerala Conservation of Paddy Land and Wetland Act, 2008. He asserts the land is not paddy land or wet land, supported by Ext.P1 tax receipt and Ext.P2 photographs, and other documentary materials. The petitioner has sought deletion of the entry from the data bank register and has moved the Local Level Monitoring Committee to consider the request; he prays for a prompt disposition with due notice and hearing. The State Respondents participate through the Government Pleader; materials and reports are relied upon to justify the categorization of land under the Act. After hearing both sides, the High Court disposed of the petition by directing the convenor of the Local Level Monitoring Committee (third respondent) to place the petitioner’s application before the Committee, to conduct a spot inspection with notice to the petitioner, and to pass appropriate orders in accordance with law after hearing him. The court also noted the observations of the Division Bench in Adani Infrastructure and Developers Pvt. Ltd. v. State of Kerala (2015 (1) KLT 651) and required that proceedings be completed within three months from the date of receipt of a copy of the judgment. The petitioner is directed to furnish copies of the judgment to the concerned authorities for follow-up action.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wetland Act, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends the subject property in Sy.No.273/10-2, Angamaly, Aluva Taluk, Ernakulam, is not a paddy land or wet land as defined under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The land’s character is supported by Ext.P2 photographs and other records. He has sought deletion of the entry from the data bank register by moving the Local Level Monitoring Committee and asks for prompt consideration of the application, with a spot inspection and decision in accordance with law after hearing him.

Contentions of Respondents

The respondents’ position is presented through the Government Pleader; the State contends that the data bank entry and applicable statutes guide action within the statutory process, with the Local Level Monitoring Committee to act in accordance with law after hearing the applicant.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Adani Infrastructure and Developers Pvt. Ltd. v. State of Kerala	2015 (1) KLT 651	Mentioned Only	Cited for observations guiding the order; not binding unless specifically applied.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937** ## **WP(C).No. 19572 of 2014 (V)** **----------------------------** ## **PETITIONER** ## **--------------------------** **BENNY P.K AGED 45 YEARS, S/O.PAILEE, MUNDAN PUTHUSSERY, NAYATHODE P.O. CHETHIKODE ANGAMALY. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MR.SIMON.** **BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND** ## **RESPONDENTS:** - **----------------------------** ## **1. STATE OF KERALA** - **REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM-695001.** ## **2. VILLAGE OFFICER ANGAMALY ANGAMALY P.O., ERNAKULAM-683572.** **3. AGRICULTURAL OFFICER ANGAMALY ANGAMALY P.O., ERNAKULAM 683572.** ## **4. TAHSILDAR** - **ALUVA TALUK OFFICE, ERNAKULAM 683101.** ## **5. ADDL TAHSILDAR** - **ALUVA TALUK OFFICE, ERNAKULAM 683101.** **6. ANGAMALY MUNICIPAL CORPORATION ANGAMALY P.O., ERNAKULAM 683572 REPRESENTED BY ITS SECRETARY.** **WP(C).No. 19572 of 2014 (V)** **---2---** ## **7. THE REVENUE DIVISIONAL OFFICER** - **ALUVA, ERNAKULAM 683101.** ## **8. THE DISTRICT COLLECTOR** - **ERNAKULAM, 682030.** **R6 BY ADV. SRI.V.M.KURIAN, SC, ANGAMALY MUNICIPALITY R4 BY ADV. GOVERNMENT PLEADER SRI. P.K SOYUZ** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-042015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 19572 of 2014 (V) ----------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **-------------------------------------** **EXHIBIT-P1: A TRUE COPY OF TAX RECEIPT DATED 03.08.2013.** **EXHIBIT-P2: THE PHOTOGRAPHS EVIDENCING THE NATURE OF LAND MENTIONED IN EXHIBIT-P1.** **EXHIBIT-P3: A TRUE PHOTOCOPY OF THE APPLICATION MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 28.02.2013.** **EXHIBIT-P4: COPY OF COMMUNICATION DATED 04.05.2013 TO THE 2ND RESPONDENT.** **EXHIBIT-P5: COPY OF COMMUNICATION DATED 04.05.2013 TO THE 3RD RESPONDENT.** **EXHIBIT-P6: A TRUE COPY OF THE REPORT FROM THE 2ND RESPONDENT.** **EXHIBIT-P7: A TRUE COPY OF THE REPORT ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT.** **EXHIBIT-P8: TRUE COPY OF THE PROVISIONAL ORDER DATED 25.05.2013.** **EXHIBIT-P9: TRUE COPY OF THE NOTICE DATED 25.05.2013.** **EXHIBIT-P10: TRUE COPY OF THE REPRESENTATION PREFERRED TO THE 4TH RESPONDENT.** **EXHIBIT-P11: TRUE COPY OF WRITTEN EXPLANATION DATED 29.05.2013 PREFERED BY THE PETITIONER AGAINST EXHIBIT-P8 AND EXHIBIT-P9.** **EXHIBIT-P12: TRUE COPY OF THE JUDGMENT DATED 25.04.2014 IN W.P.(C) NO.11570/2014.** **EXHIBIT-P13: TRUE COPY OF THE REPRESENTATION DATED 03.06.2014.** **EXHIBIT-P14: TRUE COPY OF THE ORDER OF THE TAHSILDAR DATED 07.06.2014.** **RESPONDENT(S)' EXHIBITS** **---------------------------------------** **NIL** **TRUE COPY** **P.A TO JUDGE** **SMM** ## **P.R. RAMACHANDRA MENON,J** ................................................. . ## **W.P.(C) No.19572 OF 2014** .............................................. Dated this the 1[st] day of April, 2015. ## **J U D G M E N T** The case of the petitioner is that the property belonging to the petitioner situated in Sy.No.273/10-2 of Angamaly Village of Aluva Taluk of Ernakulam District, covered by Ext.P1 is not a paddy land or wet land as defined under Kerala Conservation of Paddy Land and Wetland Act, 2008. The nature of property is also sought to be established with reference to Ext.P2 photographs. The property came to be included in the draft data bank register as a paddy land. 2 **.** The case of the petitioner is also sought to be highlighted with reference to the reports submitted by various authorities, copies of which have already produced along with the writ petition. The petitioner has already ## **W.P.(C) No.19572 OF 2014 2** moved the Local Level Monitoring Committee by filing necessary application for deleting the entry from the data bank register . The prayer is to cause the same to be considered and disposed of within a specified time. 3. Heard the learned Government Pleader as well. 4. After hearing both the sides, the writ petition is disposed of, directing the third respondent who is the convenor of Local Level Monitoring Committee, to cause the application if any, to be placed before Local Level Monitoring Committee, who shall conduct a spot inspection with notice to the petitioner and pass appropriate orders in accordance with law, after hearing the petitioner and also in the light of the observations made by the Division Bench of this Court as per the verdict reported in **Adani Infrastructure and Developers Pvt. Ltd. vs. State of Kerala (2015 (1) KLT 651).** The proceedings as above shall be completed at the earliest, at any rate, within a period of three months from the date of receipt of a copy of this judgment. **W.P.(C) No.19572 OF 2014 3** The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the concerned respondent for further steps. The writ petition is disposed of. **P.R. RAMACHANDRA MENON, JUDGE** smm # **W.P.(C) No.19572 OF 2014 4** # **W.P.(C) No.19572 OF 2014 5**