High Court of KeralaSingle JudgeWrit petition disposed of with directions to th...

M.K. Jayachandran v. State of Kerala & Others

Case / Petition Number:WP(C) NO. 7787 OF 2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V. Kunhikrishnan
Judgment Date
2024-02-28
Court Decision / Holding
Ext. P7 order is set aside. The 2nd respondent is directed to reconsider Form 5 application submitted by the petitioner, expeditiously but within three months from the receipt of a copy of this judgment. The petitioner may apply for KSREC report within two weeks; if KSREC report is available, it shall be considered by the 2nd respondent. If fresh KSREC report is called for, the Revenue Divisional Officer shall decide the Form 5 application within three months from the date of receipt of the KSREC report. The petitioner shall furnish certified copy of this judgment and the writ petition with exhibits to the 2nd respondent for compliance.
Final Disposition
Writ petition disposed of with directions to the 2nd respondent to rehear and decide Form 5 afresh within specified timeframes; Ext. P7 quashed; KSREC report, if available, to be considered.

Parties to the Case

Appellants / Petitioners

  • M.K. Jayachandran

Respondents

  • State of Kerala represented by its Secretary, Revenue Department
  • Revenue Divisional Officer, Thrissur
  • Local Level Monitoring Committee represented by its Chairman, Thrissur
  • Agricultural Officer, Ayyanthole, Thrissur
  • Village Officer, Arnattukara, Thrissur
  • Thrissur Corporation

Legal Representation & Advocates

Counsels for Petitioners

  • • P.V. Jayachandran
  • • Venugopalan Menon

Counsels for Respondents

  • • Santosh P. Poduval

Case Synopsis & Summary

The petition challenges Ext. P7, an order of the Revenue Divisional Officer denying Form No. 5 to correct the land status of about 0.0202 hectares in Sy No. 1111/4, Ayyanthole Village, Thrissur, from Nilam (wet land) to dry land. The petitioner, M.K. Jayachandran, contends the land has remained pucca dry land for around forty years, supported by Exhibits P1–P3 and P5, with Exhibit P4 fixing a fair value of Rs. 9,76,800. He seeks correction of revenue records and exclusion from the Data Bank for Paddy and Wet Lands. The 2nd respondent rejected Ext. P6 via Ext. P7, allegedly relying on a report and the LLMC’s decision to retain the land in the Data Bank, without providing reasons or hearing. The petitioner argues violation of the Kerala Conservation of Paddy and Wet Land Act, 2008, and that the KSREC report was not properly considered; he asserts the status as on 12.08.2008 must be scientifically determined. The court finds Ext. P7 to be non-speaking and, citing Muraleedharan Nair v. RDO and Aparna Sasi Menon v. RDO, emphasizes that the RDO must independently assess land status and justify removal from the Data Bank, rather than merely echoing LLMC findings. It sets aside Ext. P7 and directs the 2nd respondent to reassess within three months, with opportunity to obtain KSREC report if available, and to ensure compliance with law.

Provisions of Law Cited

Kerala Conservation of Paddy and Wet Land Act, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the 0.0202 hectare property in Sy No. 1111/4, Ayyanthole, Thrissur, has been dry land for about forty years and should be corrected from Nilam in revenue records. He relies on Exts. P1–P3 and P5 showing dry use, and Ext. P4 fixing fair value at Rs. 9,76,800. Ext. P6 (Form No.5) sought correction; Ext. P7 (Ext. P7 order) allegedly rejected the application without hearing or copy of the 4th respondent’s report. The petitioner argues violation of the Kerala Conservation of Paddy and Wet Land Act, 2008, and that KSREC report was not properly considered; he asserts the status as on 12.08.2008 must be scientifically ascertained. He asserts the LLMC’s findings cannot be the sole basis for dismissing Form 5. The petition relies on Muraleedharan Nair v. RDO and Aparna Sasi Menon v. RDO to insist that the RDO must independently assess and provide reasons; failure to do so renders Ext. P7 unsustainable.

Contentions of Respondents

The respondents contend Ext. P7 reflects an order grounded in the LLMC report and the Agricultural Officer’s inputs; removal from the Data Bank requires careful consideration of paddy cultivation impact and wetlands sustainability. They argue KSREC report is part of the record, and the RDO has to follow the statutory framework while considering Form 5. The LLMC decision to retain land in the Data Bank is presented as a reasoned conclusion, and the order is part of the regulatory process.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Muraleedharan Nair v. Revenue Divisional Officer2023 (4) KLT 270PositiveThe court applied the principle that the RDO must independently assess the land status and provide a speaking order, not merely rely on LLMC conclusions.
Aparna Sasi Menon v. Revenue Divisional Officer2023 (5) KLT 432PositiveThe court relied on the proposition that Form 5 considerations should focus on whether paddy cultivation is possible or feasible on the land in question.

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Extracted Judgment Text

Exact text extracted from official judgment records.

WP(C) NO. 7787 OF 2024 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 28[TH] DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 WP(C) NO. 7787 OF 2024** ## **PETITIONER/S:** **M.K.JAYACHANDRAN AGED 54 YEARS S/O M.KUTTAN KARTHA, MANNAMPARAMBATH VEEDU, ARCHANA, CHAZHOOR P.O, TRISSUR., PIN - 680571** **BY ADVS. P.V.JAYACHANDRAN VENUGOPALAN MENON** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY , REVENUE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 691001 2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, TRISSUR., PIN - 673020 3 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CHAIRMAN, CIVIL STATION, TRISSUR., PIN - 673020 4 THE AGRICULTURAL OFFICER AYYANTHOLE, TRISSUR., PIN - 673020 5 THE VILLAGE OFFICER** WP(C) NO. 7787 OF 2024 2 ## **ARNATTUKARA VILLAGE, THRISSUR, PIN - 680004** **6 THE THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR ., PIN - 680003** **BY ADV SANTHOSH P.PODUVAL** ## **OTHER PRESENT:** **SMT.AMMNIKUTTY.K, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) NO. 7787 OF 2024 3 **P.V.KUNHIKRISHNAN, J** **--------------------------------------W.P.(C.) No. 7787 of 2024 -------------------------------------Dated this the 28[th] day of February, 2024** ## **JUDGMENT** ## The above writ petition is filed with following prayers : a) “Issue a writ of Certiorari or appropriate orders, calling for the records leading upto Ext.P7 and quash the same. b) Declare that the petitioner is legally entitled to get the property having an extent of 0.0202 hectors of residential plot in Sy No 1111/4 situated at Ayyanthol Village, Trissur to be corrected as dry land in Revenue records. c) Issue a Writ of mandamus or any order directing the 5th respondent to take necessary steps to correct the revenue records in respect of the petitioner's property having an extent of 0.0202 hectors of residential plot in Sy No 1111/4 situated at Ayyanthol Village, Trissur by declaring the above land shall be termed as dry land instead of Nilam. d) Grant such other relief as this Hon'ble Court deem fit to WP(C) NO. 7787 OF 2024 4 grant in the interest of justice. e) To dispense with the production of English translation of Vernacular documents.” [sic] 2. The petitioner proposed to construct a building in the property having an extent of 0.0202 hectors of residential plot in Sy. No. 1111/4 situated at Ayyanthole Village is the submission. The petitioner's property is termed as `Nilam' in revenue records. According to the petitioner, it is a pucca dry land since 40 years as evident from Ext.P1, P2, P3 and P5. It is also submitted that as per Ext.P4, the fair value of the property in Sy. No. 1111/4 is fixed as Rs.9,76,800/. Hence the petitioner submitted Ext.P6 application under Form No.5 to correct the nature of the property as dry land is the submission. According to the petitioner, the 2[nd] respondent without hearing the petitioner and without furnishing the copy of the report of the 4[th] respondent rejected Ext.P6 application by Ext.P7. Aggrieved by Ext.P7, this writ petition is filed. 3. Heard learned counsel appearing for the petitioner WP(C) NO. 7787 OF 2024 5 and the learned Government Pleader. 4. This Court perused Ext.P7 order. Ext.P7 is not a speaking order. Except relying on the report of the Agricultural Officer, the contention of the petitioner is not adverted while passing Ext.P7 order. In **Muraleedharan Nair v. Revenue Divisional Officer** [2023 (4) KLT 270], this Court observed that, it will not be sufficient for the Revenue Divisional Officer to dismiss the application simply stating that Local Level Monitoring Committee has decided not to remove the land from the Data Bank. 5. The Revenue Divisional Officer, being the competent authority, has to independently assess the status of the land and come to a conclusion that, removal of the land from the Data Bank will adversely affect paddy cultivation in the land in question and nearby paddy lands or that, it will adversely affect sustenance of wetlands in the area and in the absence of such findings, the impugned order is unsustainable. WP(C) NO. 7787 OF 2024 6 6. In **Aparna Sasi Menon v. Revenue Divisional Officer** [2023 (5) KLT 432], this Court observed that the predominant factor for consideration while considering Form 5 application should be whether the land which is sought to be excluded from the Data Bank is one where paddy cultivation is possible or feasible. 7. According to the petitioner, the impugned order is passed in violation of the provisions of the Kerala Conservation of Paddy and Wet Land Act, 2008. It is also submitted that the Revenue Divisional Officer has not applied his mind and simply accepted the report. It is also submitted that, the KSREC report is not properly considered by the Revenue Divisional Officer. The contention of the petitioner is that the status of the land as on 12.08.2008 is not ascertained properly as per scientific process. 8. After going through the impugned order, I am of the considered opinion that, there is some force in the argument of WP(C) NO. 7787 OF 2024 7 the petitioner. The impugned order is not a speaking order. The contentions of the petitioner is not adverted by the 2[nd] respondent while passing the order. Therefore, I am of the considered opinion that the impugned order is to be set aside. Therefore, this Writ Petition is disposed of with the following directions: a) Ext.P7 order is set aside. b) The 2[nd] respondent is directed to reconsider Form 5 application submitted by the petitioner, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. c) The petitioner is free to submit an application before the appropriate authority for getting the KSREC report within two weeks from the date of receipt of a copy of this judgment and if such an application is filed, the authority concerned will do the needful to obtain the same, in accordance with law. If KSREC report is available, the same will be considered by the WP(C) NO. 7787 OF 2024 8 2[nd] respondent. If fresh KSREC report is called for, the Revenue Divisional Officer need to consider the Form 5 application only within a period of three months from the date of receipt of the report from KSREC. d) The petitioner will produce the certified copy of this judgment along with a copy of the Writ Petition with exhibits before the 2[nd] respondent for compliance. **Sd/P.V.KUNHIKRISHNAN JUDGE** SKS WP(C) NO. 7787 OF 2024 9 ## **APPENDIX OF WP(C) 7787/2024** **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED DATED 2.7.2014 OF THE PETITIONER'S PROPERTY.** **Exhibit P2 TRUE COPY OF ENCUMBRANCE CERTIFICATE DATED 10.7.2014 ISSUED FROM THE SUB REGISTRAR'S OFFICE AYYANTHOLE** - **Exhibit P3 TRUE COPY OF ENCUMBRANCE CERTIFICATE PETITIONER DATED 13.9.2018 FOR THE PERIOD FROM 1.1.98 TO 11.9.2018 ISSUED FROM THE SUB REGISTRAR'S OFFICE AYYANTHOLE** **Exhibit P4** - **TRUE COPY OF G.O.(P) NO.29/2022FTAXES DATED 30.3.2022 WITH THE FAIR VALUE FIXED AS RS.976800/ FOR THE PETITIONER'S PROPERTY IN SY NO 1111/4 SITUATED AT AYYANTHOLE VILLAGE, TRISSUR** - **Exhibit P5 TRUE COPY OF THE EXTRACT OF THE DATA BANK WITH REFERENCE TO THE AYYANTHOLE VILLAGE ISSUED BY THE 3RD RESPONDENT** **Exhibit P6** **TRUE COPY OF PETITIONER'S FORM NO.5 APPLICATION DATED 1.3.2021 BEFORE THE 2ND RESPONDENT.** **Exhibit P7** **TRUE COPY OF ORDER NO D7-3994/2021 DATED 4.01.2022 ISSUED BY THE 2ND RESPONDENT.**