In the High Court of Kerala at Ernakulam - W.P.(C) Nos. 18424 & 18442 of 2020

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 ``` ## **`WP(C) NO. 18442 OF 2020`** ## **`PETITIONER/S:`** ``` D.SUNIL, AGED 46 YEARS S/O.DEVARAJAN, BHAKTHANJALI, THAIKOODAM, CHURCH ROAD, VYTILLA P.O., KOCHI-682019, NOW RESIDING AT 120C, ROSTREVOR GARDENS, RAILWAY OFFICERS ENCLAVE, NEAR HYATT REGENCY, ANNA SALAI, TEYNAMPET, CHENNAI-600018. BY ADVS. R.SUDHISH SMT.M.MANJU ``` ## **`RESPONDENT/S:`** - `1 THE DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE-673020.` - `2 REVENUE DIVISIONAL OFFICER, CIVIL STATION, KOZHIKODE-673020.` - `3 THE LOCAL LEVEL MONITORING COMMITTEE, PERUVAYAL GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENOR/AGRICULTURAL OFFICER, KRISHI BHAVAN, PERUVAYAL, KOZHIKODE-673008.` ``` BY ADV GOVERNMENT PLEADER ``` ## **`OTHER PRESENT:`** ``` SRI.ASHWIN SETHUMADHAVAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH WP(C).18424/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -2- W.P.(C). Nos. 18424 & 18442 of 2020 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 2[ND] DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 WP(C) NO. 18424 OF 2020 ``` ## **`PETITIONER/S:`** ``` DR. V.S JEEVARAJ, AGED 70 YEARS S/O SANKARANARAYANAN, BHARATHAM, 1ST RAILWAY GATE, CHIRAKKARA P.O.THALASSERRY, KANNUR DISTRICT ``` ``` BY ADVS. R.SUDHISH SMT.M.MANJU ``` ## **`RESPONDENT/S:`** ``` 1THE DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE-673 020. 2REVENUE DIVISIONAL OFFICER CIVIL STATION, KOZHIKODE-673 020. 3THE LOCAL LEVEL MONITORING COMMITTEE, PERUVAYAL GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENOR/AGRICULTURAL OFFICER, KRISHI BHAVAN, PERUVAYAL, KOZHIKODE-673 008. BY ADV GOVERNMENT PLEADER ``` ## **`OTHER PRESENT:`** ``` SRI.ASHWIN SETHUMADHAVAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH WP(C).18442/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- W.P.(C). Nos. 18424 & 18442 of 2020 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== W.P.(C) Nos. 18424 & 18442 of 2020 ============================================================= Dated this the 2[nd ] day of August, 2022 ## **JUDGMENT** These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. I will consider WP(C) No.18424 of 2020 first. The prayers in the above writ petition is extracted hereunder: _“i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P8 order of the 3[rd] respondent dated 13/2/2019._ _ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3[rd] respondent to reconsider the Exhibit P6 application filed by the petitioner before the 3[rd] respondent on 13.06.2018._ _iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3[rd] respondent to consider Exhibit-P9 review petition KBPVL21/2019-20 dated 22/8/2019._ -4- W.P.(C). Nos. 18424 & 18442 of 2020 _v. Issue a declaration declaring that the petitioners' property is to be excluded from the data bank as the above property was converted much before 2008._ _v. issue such other writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice.” (sic)_ 2. The main prayer in this writ petition is to quash Ext.P8, which is an order passed by the 3[rd] respondent rejecting Ext.P6 application preferred by the petitioner for removing the property from the data bank. The petitioner submitted Ext.P9 review before the 3[rd] respondent. The petitioner also preferred Ext.P12 Form-5 application before the 2[nd] respondent. 3. WP(C) No.18442 of 2020 is filed with the following prayers: _“i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P6 order of the 3[rd] respondent dated 13/2/2019._ -5- W.P.(C). Nos. 18424 & 18442 of 2020 _ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3[rd] respondent to reconsider the Exhibit-P4 application filed by the petitioner before the 3[rd] respondent on 13.06.2018._ _iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3[rd] respondent to consider Exhibit-P7 review petition._ _iv. Issue a declaration declaring that the petitioners' property is to be excluded from the data bank as the above property was converted much before 2008._ _v. issue such other writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice.” (sic)_ 4. In this writ petition, the prayer is to quash Ext.P6, which is the order passed by the 3[rd] respondent rejecting the application for removing the property of the petitioner from the data bank. The petitioner submitted Ext.P4 review before the 3[rd] respondent. In both these writ petitions, Ext.P12 is the Form-5 applications preferred by the petitioners before the 2[nd] -6- W.P.(C). Nos. 18424 & 18442 of 2020 respondent and Ext.P13 is the receipts showing the submission of Form-5 application. 5. Heard the counsel for the petitioners and the Government Pleader. 6. Since the petitioners submitted Ext.P12 Form-5 applications before the 2[nd] respondent, there can be a direction to the Revenue Divisional Officer to consider the Form-5 applications, preferred by the petitioners, _de hors_ the orders passed by the 3[rd] respondent. The petitioners can submit application for getting KSREC report and if such an application is filed, the Revenue Divisional Officer will get the same, and pass appropriate orders in the applications. Before passing orders, the Officer will inspect the property also, if not already inspected. -7- W.P.(C). Nos. 18424 & 18442 of 2020 Therefore, these writ petitions are disposed of in the following manner: 1. The 2[nd] respondent is directed to consider Ext.P12 applications preferred by the petitioners in the respective writ petitions, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. 2. The 2[nd] respondent will consider those applications, _de hors_ Exts.P8 and P6 orders passed by the 3[rd] respondent in WP(C) Nos.18424 of 2020 and 18442 of 2020 respectively. 3. The 2[nd] respondent will pass appropriate orders, after getting the report from the KSREC. sd/- ## **P.V.KUNHIKRISHNAN JUDGE** das -8- W.P.(C). Nos. 18424 & 18442 of 2020 ## **`APPENDIX OF WP(C) 18424/2020`** |`PETITIONER EXHIBITS`|`PETITIONER EXHIBITS`| |---|---| |`EXHIBIT P1`|`COPY OF THE ASSIGNMENT DEED NO`| ||`1126/1996 OF SUB REGISTRY OFFICE,`| ||`MAVOOR, KOZHIKODE DATED 18.3.1996`| |`EXHIBIT P2`|`COPY OF THE ASSIGNMENT DEED NO`| ||`3276/2005 OF SUB REGISTRY OFFICE`| ||`MAVOOR, KOZHIKODE DATED 3.10.2005`| |`EXHIBIT P3`|`COPY OF THE ASSIGNMENT DEED NO`| ||`3456/2011 OF SUB REGISTRY OFFICE,`| ||`MAVOOR, KOZHIKODE DATED 6.9.2011`| |`EXHIBIT P4`|`COPY OF THE LATEST LAND TAX RECEIPT`| ||`ISSUED BY THE KUTTIKKATTUR VILLAGE`| ||`OFFICE DATED 4.2.2020`| |`EXHIBIT P5`|`COPY OF THE POSSESSION CERTIFICATE`| ||`ISSUED BY THE VILLAGE OFFICER,`| ||`KUTTIKATOOR DATED 4.3.2020`| |`EXHIBIT P6`|`COPY OF THE PETITION FILED BY THE`| ||`PETITIONER BEFORE THE 3RD RESPONDENT`| ||`DATED 13.6.2018`| |`EXHIBIT P7`|`COPIES OF THE PHOTOGRAPHS OF THE`| ||`PROPERTY OF THE PETITIONER`| |`EXHIBIT P8`|`COPY OF THE ORDER OF THE 3RD`| ||`RESPONDENT DATED 13.2.2019`| |`EXHIBIT P9`|`COPY OF THE REVIEW PETITION`| ||`KBPVL21/2019-20 DATED 22.8.2019`| |`EXHIBIT P10`|`COPY OF THE APPLICATION DATED`| ||`4.11.2019 SUBMITTED UNDER RIGHT TO`| ||`INFORMATION ACT`| |`EXHIBIT P11`|`COPY OF THE INFORMATION DATED`| ||`5.12.2019 RECEIVED FROM THE`| ||`AGRICULTURAL OFFICER, PERUVAYAL`| |`Exhibit P12`|`COPY OF THE APPLICATION FILED BY THE`| ||`PETITIONER DATED 23/10/2021.`| |`Exhibit P13`|`COPY OF THE RECEIPT NO.C7/492854/2021`| ||`ISSUED BY THE OFFICE OF THE SUB`| ||`COLLECTOR, KOZHIKODE DATED 23/10/2021.`| -9- W.P.(C). Nos. 18424 & 18442 of 2020 ## **`APPENDIX OF WP(C) 18442/2020`** ``` PETITIONER EXHIBITS ``` - `EXHIBIT P1 COPY OF THE ASSIGNMENT DEED NO.3455/2011 OF SUB REGISTRY OFFICE, MAVOOR, KOZHIKODE DATED 6.9.2011.` - `EXHIBIT P2 COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KUTTIKATOOR DATED 4.3.2020.` - `EXHIBIT P3 COPY OF THE LATEST LAND TAX RECEIPT ISSUED BY KUTTIKKATTUR VILLAGE OFFICE DATED 4.2.2020.` - `EXHIBIT P4 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.6.2018.` - `EXHIBIT P5 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER. *EXHIBIT P5- PHOTOGRAPH DELETED AS PER ORDER DATED 17.1.2022 IN I.A.3/21.` - `EXHIBIT P6 COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 13.2.2019.` - `EXHIBIT P7 COPY OF THE REVIEW PETITION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 22.8.2019.` - `EXHIBIT P8 COPY OF THE APPLICATION DATED 4.11.2019 SUBMITTED UNDER RIGHT TO INFORMATION ACT.` - `Exhibit P9 COPY OF THE LOCATION SKETCH OF 2.36 ARES OF THE PROPERTY OF THE PETITIONER.` - `Exhibit P10 COPY OF THE LOCATION SKETCH OF PETITIONER'S PROPERTY ALONG WITH PROPERTY OF MY FATHER-IN-LAW'S 6.96 ARES OF PROPERTY.` - `Exhibit P11 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PERUVAYAL DATED 1.12.2020.` - `Exhibit P12 COPY OF THE APPLICATION FILED BY THE` -10- W.P.(C). Nos. 18424 & 18442 of 2020 ||`PETITIONER DATED 23-10-2021.`| |---|---| |`Exhibit P13`|`COPY OF THE RECEIPT NO.492838/2021/C7`| ||`ISSUED BY THE OFFICE OF THE SUB`| ||`COLLECTOR, KOZHIKODE DATED 23-10-2021.`| |`RESPONDENT ANNEXURES`|| |`Annexure i`|`COPY OF REPORT DATED 16.11.2020`| ||`SUBMITTED BY 3RD RESPONDENT -`| ||`AGRICULTURAL OFFICER, KRISHI`| ||`BHAVAN/CONVENER OF LOCAL LEVEL`| ||`MONITORING COMMITTEE, PERUVAYAL GRAMA`| ||`PANCHAYAT.`| |`Annexure ii`|`COPY OF ADDITIONAL REPORT DATED`| ||`24.11.2020 SUBMITTED BY 3RD RESPONDENT`| ||`- AGRICULTURAL OFFICER, KRISHI`| ||`BHAVAN/CONVENER OF LOCAL LEVEL`| ||`MONITORING COMMITTEE, PERUVAYAL`| ||`GRAMAPANCHAYAT.`| |`Annexure iii`|`COPY OF DATA BANK SUBMITTED BY 3RD`| ||`RESPONDENT - AGRICULTURAL OFFICER,`| ||`KRISHI BHAVAN/CONVENER OF LOCAL LEVEL`| ||`MONITORING COMMITTEE, PERUVAYAL`| ||`GRAMAPANCHAYAT.`| |`Annexure IV`|`COPY OF MINUTES OF THE LLMC MEETING`| ||`HELD ON 13.6.2018 SUBMITTED BY 3RD`| ||`RESPONDENT - AGRICULTURAL OFFICER,`| ||`KRISHI BHAVAN/CONVENER OF LOCAL LEVEL`| ||`MONITORING COMMITTEE, PERUVAYAL`| ||`GRAMAPANCHAYAT.`| |`Annexure V`|`COPY OF MINUTES OF THE LLMC MEETING`| ||`HELD ON 15.10.2019 SUBMITTED BY 3RD`| ||`RESPONDENT - AGRICULTURAL OFFICER,`| ||`KRISHI BHAVAN/CONVENER OF LOCAL LEVEL`| ||`MONITORING COMMITTEE, PERUVAYAL`| ||`GRAMAPANCHAYAT.`|