P.A. Ali v. District Collector, Civil Station, Kakkanad, Ernakulam; and Shemeena Shajahan v. District Collector, Civil Station, Kakkanad, Ernakulam
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- N. Nagareesh
- Judgment Date
- 2021-09-30
- Court Decision / Holding
- Writ petitions disposed of by permitting the petitioners to invoke Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and to file applications before the 2nd respondent seeking the benefit of the Government Order dated 25.02.2021; competent authorities are required to consider such applications in light of the Government Order.
- Final Disposition
- Disposed
Parties to the Case
Appellants / Petitioners
- P.A. Ali
- Shemeena Shajahan
Respondents
- District Collector, Civil Station, Kakkanad, Ernakulam
- Revenue Divisional Officer, Fort Kochi, Ernakulam District
- Tahsildar, Parur Taluk, N. Parur, Ernakulam District
- Village Officer, Alangad Village, Alangad, Ernakulam District
- Local Level Monitoring Committee, (Constituted Under the Kerala Conservation of Paddy Land and Wet Land Act, 2008), represented by its Convener, Agricultural Officer, Krishi Bhavan, Alangad, Ernakulam District
Legal Representation & Advocates
Counsels for Petitioners
- • Adv. Binu Paul
Counsels for Respondents
- • Adv. Sri. Syamathak B.S. (Government Pleader)
Case Synopsis & Summary
Two writ petitions under WP(C) Nos. 3397 of 2021 and 3447 of 2021 challenge the District Collector’s duty under Section 3A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 to consider applications for site inspection and verification of the subject property. The petitioners contend the land was converted prior to the Act’s coming into force and thus should be eligible for conversion, citing Jalaja Dileep v. Revenue Divisional Officer (2012) and Puthan Purakkal Joseph v. Sub Collector (2015) as supportive precedents. The Government Pleader indicates that the core legal issue is under consideration by a Division Bench in W.A. No. 499 of 2021, with a prima facie view adverse to the petitioners. During hearing, the petitioners’ counsel drew attention to paragraph 7 of the Division Bench’s order dated 17.03.2021, which permits the benefit of exemption up to 25 cents under Government Order dated 25.02.2021, and urged that they be allowed to invoke Section 27A of the Act. The court held that Section 27A creates a statutory right and, if an application is filed, the competent authorities must consider it in light of the 25.02.2021 order. Accordingly, the petitions were disposed of with liberty to invoke 27A and file applications before the 2nd respondent seeking the Government Order’s benefit. The decision thus provides a procedural pathway rather than an outright grant of conversion.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners argued that the property was converted before the 2008 Act; hence, there should be no bar to conversion, and sought directive under Section 3A for site inspection and verification of the property, relying on Jalaja Dileep v. Revenue Divisional Officer (2012) and Puthan Purakkal Joseph v. Sub Collector (2015) to support their claim. They urged liberty under para 7 of the Division Bench’s 17.03.2021 order to avail the exemption up to 25 cents under Government Order dated 25.02.2021 and to invoke Section 27A. Respondents/State: The Government Pleader highlighted that the legal issue is before a Division Bench in W.A. No.499 of 2021 and that the prima facie position is adverse to the petitioners; the Division Bench order and the ongoing considerations were noted.
Contentions of Respondents
The respondents contended that the primary legal issue is unresolved and currently under scrutiny by a Division Bench (W.A. No. 499 of 2021); they submitted that the prima facie finding appeared against the petitioners and that relief should await the Division Bench’s decision in the appeal.
Cited Precedents (5)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Jalaja Dileep v. Revenue Divisional Officer | 2012 (3) KLT 333 | Positive | Cited as authority supporting the conversion/processing under Section 3A. |
| Puthan Purakkal Joseph v. Sub Collector | 2015 (3) KLT 182 | Positive | Cited as supportive precedent for the conversion-related argument. |
| W.A. No. 499 of 2021 | W.A.No.499 of 2021 | Mentioned Only | Division Bench order referenced; not adopted as reasoning. |
| WP(C) No.14940 of 2020 | WP(C) No.14940 of 2020 | Positive | Judgment of this Court cited in Appendix P8 to support related liberty under 27A. |
| WP(C) No.8121 of 2021 | WP(C) No.8121 of 2021 | Positive | Judgment of this Court cited as Appendix P9. |
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