David Joseph Johnson v. Revenue Divisional Officer, Idukki & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941** ## **WP(C).No.26283 OF 2019(I)** ## **PETITIONER:** **DAVID JOSEPH JOHNSON AGED 21 YEARS S/O JOHNSON JOSEPH,MANJAPPILLIL HOUSE, MUTHALAKODAM KARA,MUTHALAKODAM.P.O, THODUPUZHA VILLAGE,THODUPUZHA TALUK,IDUKKI DISTRICT-685605.** **BY ADV. SRI.R.LAIJU** ## **RESPONDENTS:** - **1 REVENUE DIVISIONAL OFFICER IDUKKI REVENUE DIVISIONAL OFFICE, KUYILIMALA,PAINAVU.P.O,IDUKKI DISTRICT-685603.** - **2 TAHSILDAR(L.R), TALUK OFFICE,THODUPUZHA TALUK, THODUPUZHA.P.O,IDUKKI DISTRICT-685584.** - **3 THE VILLAGE OFFICER, THODUPUZHA VILLAGE OFFICE, THODUPUZHA.P.O,IDUKKI DISTRICT-685584.** - **4 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CHAIRMAN, AGRICULTURAL OFFICER,KRISHI BHAVAN,THODUPUZHA.P.O,IDUKKI-685584.** - **5 THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE,THODUPUZHA.P.O, IDUKKI-685584,REPRESENTED BY ITS SECRETARY.** - **6 THE SECRETARY, THODUPUZHA MUNICIPALITY,MUNICIPAL OFFICE,THODUPUZHA.P.O,IDUKKI DISTRICT-685584.** **BY ADV.SRI.UNNIKRISHNAN V.ALAPPATT, SC, T** ## **ADV.SMT.POOJA SURENDRAN,GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.26283 OF 2019(I) 2** ## **JUDGMENT** The petitioner has approached this Court impugning Ext.P8 stop memo issued by the 3[rd] respondent Village Officer, Thodupuzha, as per which, the construction - being carried on in his property comprised of 2.20 Ares in survey No.53/9 of Thodupuzha Village - has been directed to be stopped, alleging that it is a paddy land. 2. The petitioner says that, as is evident from Ext.P5 Data Bank, the property in question has been included in it only as a converted land and therefore, that the statement in Ext.P8, that his property is a paddy land, is completely untenable. He says that, as is also clear from Exts.P4 and P7 reports of the Village Officer and the Agricultural Officer respectively, the property in question has been found to be a fully converted garden land and prays, ## **WP(C).No.26283 OF 2019(I) 3** therefore that this Court vacate Ext.P8 stop memo. 3. The learned counsel appearing for Thodupuzha Municipality submits that the petitioner was granted Ext.P6 building permit based on Exts.P4 and P7 certificates, but that they had not verified whether the property continued to be described as 'Nilam' in the Basic Tax Register and the Revenue Records. He says that, therefore, if this Court is so inclined, then they may be permitted to ask the petitioner to obtain necessary orders from the Revenue Divisional Officer (RDO) under the Kerala Conservation of Paddy Land and Wetland Act, 2008 also. 4. The learned Government Pleader, Smt.Pooja Surendran, appearing on behalf of the official respondents, submits that even **WP(C).No.26283 OF 2019(I) 4** though the petitioner’s property may be included in the Data Bank as a converted land, going by the judgment of the Honourable Supreme Court in _**Revenue Divisional Officer v. Jalaja Dileep [2015(1)KLT 984 (SC)],**_ the petitioner will certainly have to obtain necessary orders under section 27 A of the Paddy Land Act. She says that she has nothing further to comment in this matter, but prays that Ext.P8 be not interdicted by this Court. 5. When I consider the aforesaid submissions, it is without doubt that the petitioner’s property has been presently included in the Data Bank only as a converted land and this factum is reinforced through Exts.P4 and P7 certificates. Therefore, I find some force in the submissions of the petitioner, that ## **WP(C).No.26283 OF 2019(I) 5** the property cannot be now construed to be a paddy land; though the petitioner nevertheless is obligated to approach the concerned Revenue Divisional Officer (RDO) and obtain orders under section 27 A of the Paddy Land Act. 6. Sensing my mind as afore, the learned counsel for the petitioner submits that his client is willing to make such an application and prays that the same be directed to be taken up and disposed of by the competent RDO without any delay. In the afore circumstances, I order this writ petition and leave liberty to the petitioner to approach the competent RDO, namely the first respondent herein, with an appropriate application under section 27 A of the Paddy Land Act; and if this is done within a period of two weeks from the date **WP(C).No.26283 OF 2019(I) 6** of receipt of a copy of this judgment, the same will be considered by the said Authority, after following due procedure and after hearing the petitioner, thus leading to an opposite order thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. I make it clear while the afore exercise is completed, the RDO must obtain necessary reports from the relevant officials and must also verify the satellite images, the cost of procuring of which will be met by the petitioner as and when called upon to do so; and will thereupon complete the exercise as afore directed within the time frame granted. It goes without saying that once the petitioner is able to obtain order under section 27 A of the Paddy Land Act and on **WP(C).No.26283 OF 2019(I) 7** his producing the same before the Panchayat, they will immediately withdrawn the impugned stop memo, namely Ext.P8; and he will then be entitled to make further construction in terms of Ext.P6 building permit. ## **Sd/-** ## **DEVAN RAMACHANDRAN** **JUDGE** ACM/24.10.2019 **WP(C).No.26283 OF 2019(I) 8** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2387 OF 2016 OF THE THODUPUZHA,S.R.O.** **EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 8.4.2019 ISSUED FROM THE THODUPUZHA VILLAGE OFFICE** **EXHIBIT P3 TRUE COPY OF THE REPORT DATED 9.3.2018 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE 2ND RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.654/17 DATED 10.10.2017 ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT,WITHOUT ITS ENCLOSURES.** **EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT** **EXHIBIT P6 TRUE COPY OF THE BUILDING PERMIT NO.PW2-TBA(114860)2018 DATED 16.4.2018 ISSUED BY THE 6TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 21.5.2018 ISSUED BY THE AGRICULTURAL FIELD OFFICER,KRISHI BHAVAN,THODUPUZHA EXHIBIT P8 TRUE COPY OF THE STOP MEMO DATED 15.7.2019 ISSUED BY THE 3RD RESPONDENT,VILLAGE OFFICER,THODUPUZHA VILLAGE** **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATAD 16.07.2019 SUBMITTED BEOFORE THE 2ND AND 3RD RESPONDENTS.**