High Court of KeralaSingle JudgeDisposed

P.A. Ali v. District Collector, Civil Station, Kakkanad, Ernakulam; and Shemeena Shajahan v. District Collector, Civil Station, Kakkanad, Ernakulam

Case / Petition Number:WP(C) No.3397/2021; WP(C) No.3447/2021

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

Kerala Conservation of Paddy Land and Wetland Act, 2008 — Section 3AKerala Conservation of Paddy Land and Wetland Act, 2008 — Section 27AGovernment Order dated 25.02.2021

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 NameCitationTreatmentExplanation
Jalaja Dileep v. Revenue Divisional Officer2012 (3) KLT 333PositiveCited as authority supporting the conversion/processing under Section 3A.
Puthan Purakkal Joseph v. Sub Collector2015 (3) KLT 182PositiveCited as supportive precedent for the conversion-related argument.
W.A. No. 499 of 2021W.A.No.499 of 2021Mentioned OnlyDivision Bench order referenced; not adopted as reasoning.
WP(C) No.14940 of 2020WP(C) No.14940 of 2020PositiveJudgment of this Court cited in Appendix P8 to support related liberty under 27A.
WP(C) No.8121 of 2021WP(C) No.8121 of 2021PositiveJudgment of this Court cited as Appendix P9.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 30[TH] DAY OF SEPTEMBER 2021/8TH ASWINA, 1943** **WP(C) NO. 3397 OF 2021** ## **PETITIONER:** **P.A.ALI,** **AGED 54 YEARS,** **S/O ABDUL RAHMAN, PALLIMITTATH HOUSE, CHIRAYAM, PANAYIKULAM, ERNAKULAM DISTRICT, PIN-683 502.** ## **BY ADV BINU PAUL** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM,PIN-682 030.** - **2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT, PIN-682 001.** - **3 THE TAHSILDAR, PARUR THALUK, N.PARUR, ERNAKULAM DISTRICT, PIN-683 513.** - **4 VILLAGE OFFICER, ALANGAD VILLAGE, ALANGAD, ERNAKULAM DISTRICT, PIN-683 511.** **5 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 ,PIN-683 511.** ## **BY ADV GOVERNMENT PLEADER SRI.SYAMANTHAK B.S** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, ALONG WITH WP(C).3447/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.3397&3447/2021 : 2 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 30[TH] DAY OF SEPTEMBER 2021/8TH ASWINA, 1943** ## **WP(C) NO. 3447 OF 2021** ## **PETITIONER:** **SHEMEENA SHAJAHAN, AGED 39 YEARS W/O. SHAJAHAN, THEKKETHALA HOUSE, METHANAM, PANAYIKULAM P. O., ERNAKULAM DISTRICT - 683502.** **BY ADV BINU PAUL** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682 030.** - **2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682 001.** - **3 THE TAHSILDAR, PARUR TALUK, N.PARUR, ERNAKULAM DISTRICT, PIN - 683513.** - **4 VILLAGE OFFICER, ALANGAD VILLAGE, ALANGAD, ERNAKULAM DISTRICT, PIN - 683511.** - **5 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, PIN - 683 511.** **BY ADV GOVERNMENT PLEADER SRI.SYAMANTHAK B.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, ALONG WITH WP(C).3397/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.3397&3447/2021 : 3 : ## **JUDGMENT** Dated this the 30[th] day of September, 2021 The petitioners have approached this Court seeking to direct the 1[st] respondent-District Collector to consider their application submitted under Section 3A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and pass orders on the applications for conducting site inspection and verifying the physical nature of the property mentioned in Ext.P1 within a time limit fixed by this Court. 2. The petitioners contend that the property was converted prior to the coming into force of the Act, 2008. There is no difficulty for the 1[st] respondent in considering the application submitted by the petitioners and allowing the prayer for conversion as held in the decision of the WP(C) No.3397&3447/2021 : 4 : Honourable Supreme Court in _**Jalaja Dileep v. Revenue Divisional Officer** [2012 (3) KLT 333]_ and of this Court in _**Puthan Purakkal Joseph v. Sub Collector** [2015 (3) KLT 182]._ 3. When this writ petition came up for hearing today the Government Pleader pointed out that the legal issue involved in these writ petitions are pending consideration before the Division Bench of this Court in W.A.No.499 of 2021 in which the Division Bench of this Court has passed an interim order on 17.03.2021. The _prima facie_ finding of the Division Bench is against the petitioners, contended the learned Government Pleader. 4. At this stage the learned counsel for the petitioner submitted that in paragraph 7 of the order dated 17.03.2021 in W.A. No.499 of 2021, the Division Bench of this Court has granted liberty to the parties concerned in the writ appeal to avail the benefit of exemption granted to property up to 25 cents as per Government Order dated WP(C) No.3397&3447/2021 : 5 : 25.02.2021. This writ petitions can be closed granting liberty to the petitioners to invoke the benefit of the Government Order dated 25.02.2021, filing an application under Section 27A of the Act, 2008. 5. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 6. An application under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 being a statutory right available to the owners of land, the petitioners would indeed be entitled to make appropriate application under Section 27A. If such application is made the competent among the respondents are duty bound to consider the application in the light of Government order dated 25.02.2021. In such circumstances, the writ petitions are disposed of permitting the petitioners to invoke the provisions of 27A of Kerala Conservation of Paddy Land and Wetland Act, 2008 and make application before the 2[nd] WP(C) No.3397&3447/2021 : 6 : respondent seeking the benefit of the Government Order dated 25.02.2021 also. Sd/- **N. NAGARESH JUDGE** SR WP(C) No.3397&3447/2021 : 7 : ## **APPENDIX OF WP(C) 3397/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT NO KL07030106162 DATED 3.6.2020 ISSUED FROM THE VILLAGE OFFICE, ALNGAD EXHIBIT P2 A TRUE COPY OF THE RECEIPT NO L15/21386/2016 DATED 22.2.2016 ISSUED FROM THE OFFICE THE 1ST RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER/CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE/5TH RESPONDENT DATED 29.7.2019** **EXHIBIT P4 A TRUE COPY OF THE REPLY ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER DATED 26.11.2020** **EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 22.12.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 5.1.2021 EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 14940 OF 2020 DATED 14.12.2020** WP(C) No.3397&3447/2021 : 8 : ## **APPENDIX OF WP(C) 3447/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT NO.KL07030111199/2020 DATED 21.08.2020 ISSUED FROM THE VILLAGE OFFICE, ALANGAD.** **EXHIBIT P2 A TRUE COPY OF THE RECEIPT NO.L15/7111/2016 DATED 28.01.2016 ISSUED FROM THE OFFICE THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED FROM THE STATE BANK OF TRAVANCORE DATED 28.01.2016.** **EXHIBIT P4 A TRUE COPY OF THE REPLY DATED 23.09.2020 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.** **EXHIBIT P5 A TRUE COPY OF THE REPLY ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TO THE PETITIONER DATED 26.11.2020. EXHIBIT P6 A TRUE COPY THE REPLY DATED 22.12.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P7 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26.12.2020.** **EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) N0.14940 OF 2020 DATED 14.12.2020. Exhibit P9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.8121 OF 2021 DATED 23/04/2021.**