High Court of KeralaSingle JudgeDisposed of with directions

SUJA v. THE DISTRICT COLLECTOR, THRISSUR; THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA; THE TAHSILDAR, MUKUNDAPURAM TALUK; THE VILLAGE OFFICER, IRINJALAKUDA; THE AGRICULTURE OFFICER, IRINJALAKUDA; THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, THIRUVANANTHURAM

Case / Petition Number:WP(C) NO. 7808 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.P3 order set aside. The 2nd respondent directed to reconsider the Form-5 application submitted by the petitioner expeditiously, within three months from receipt of this judgment. If the petitioner files for KSREC report within two weeks, the authority will obtain and consider it; final orders in Form-5 to be passed within three months from receipt of KSREC report. The petitioner shall produce certified copy of this judgment with the writ petition before the 2nd respondent for compliance.
Final Disposition
Disposed of with directions

Parties to the Case

Appellants / Petitioners

  • Suja

Respondents

  • The District Collector, Thrissur
  • The Revenue Divisional Officer, Irinjalakuda
  • The Tahsildar, Mukundapuram Taluk
  • The Village Officer, Irinjalakuda
  • The Agriculture Officer, Irinjalakuda
  • The Director, Kerala State Remote Sensing and Environment Centre, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Amjatha D.A.
  • • Shakthi Prakash Muhasin
  • • K.M. Farhana
  • • K.H.

Counsels for Respondents

  • • Smti. Ammikutty.K
  • • Sr.GP

Case Synopsis & Summary

Petitioner Suja challenges Ext.P3, a decision by the Revenue Divisional Officer rejecting Form-5 to remove her land from the Data Bank under the Kerala Conservation of Paddy and Wet Land Act, 2008. She contends the land was reclaimed before the 2008 Act and that the KSREC scientific report on the land’s nature as on 2008 was not properly obtained or considered. The impugned order is not a speaking order and relies on the Local Level Monitoring Committee’s conclusion, which this Court has held insufficient by referencing Muraleedharan Nair v. RDO where a mere non-speaking dismissal cannot suffice, and must be accompanied by independent assessment. The Court also cites Aparna Sasi Menon v. RDO to emphasize the dominant consideration should be whether the land can support paddy cultivation. The petitioner argues the status of the land must be determined through scientific processes and proper evaluation before removing it from the Data Bank. The Court finds merit in the contention, holds Ext.P3 unsustainable for lack of independent analysis, and sets aside it. It directs the 2nd respondent to reconsider the Form-5 application expeditiously, within three months, after obtaining KSREC reports if sought, and to pass final orders only after such reports. The petitioner may file for KSREC within two weeks; the KSREC report, if available, must be considered. A certified copy of this judgment must be produced before the 2nd respondent.

Provisions of Law Cited

Kerala Conservation of Paddy and Wet Land Act, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that Ext.P3 is not a speaking order and relies on the Local Level Monitoring Committee's report; it failed to independently assess the land’s status as on 12.08.2008 or to obtain a KSREC report; the land was reclaimed before the 2008 Act; the KSREC report was not properly considered; following Muraleedharan Nair v. RDO and Aparna Sasi Menon v. RDO, the court should require independent appraisal and consideration of paddy cultivation feasibility before removal from the Data Bank.

Contentions of Respondents

The respondents contend Ext.P3 is based on reports of the Local Level Monitoring Committee and KSREC; the Revenue Divisional Officer is the competent authority to decide Form-5 applications; the order is an outcome after considering reports and is not vitiated by lack of a speaking order; they rely on the statutory framework and the need to weigh agricultural and environmental considerations in accordance with law.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Muraleedharan Nair v. Revenue Divisional Officer2023 (4) KLT 270PositiveCited to emphasize that merely citing Local Level Monitoring Committee's decision is insufficient; the RDO must independently assess the land's status.
Aparna Sasi Menon v. Revenue Divisional Officer2023 (5) KLT 432PositiveCited for the principle that the dominant factor in Form-5 consideration is feasibility of paddy cultivation on the land.

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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 P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 28[TH] DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945** **WP(C) NO. 7808 OF 2024** ## **PETITIONER(S):** **SUJA AGED 51 YEARS D/O. P J DAVIS, PULLOCKARAN HOUSE, IRINJALAKUDA P.O., THRISSUR, PIN - 680121** **BY ADVS. AMJATHA D.A. SHAKTHI PRAKASH MUHASIN K.M. FARHANA K.H.** ## **RESPONDENT(S):** - **1 THE DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003** - **2 THE REVENUE DIVISIONAL OFFICER IRINJALAKUDA REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR, PIN - 680125** - **3 THE TAHSILDAR MUKUNDAPURAM TALUK OFFICE, CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR, PIN - 680125** - **4 THE VILLAGE OFFICER IRINJALAKUDA VILLAGE OFFICE, IRINJALAKUDA P.O., THRISSUR, PIN - 680121** - **5 THE AGRICULTURE OFFICER IRINJALAKUDA KRISHI BHAVAN, IRINJALAKUDA, THRISSUR, PIN - 680121** - **6 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033** 2 WP(C) NO.7808 OF 2024 ## **BY ADV.** **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.7808 OF 2024 3 **P.V.KUNHIKRISHNAN, J. -----------------------------------W.P.(C) No.7808 of 2024 ------------------------------------Dated this the 28[th] day of February, 2024** ## **JUDGMENT** The above Writ Petition is filed with the following prayers: _“_ i. Issue a writ of certiorari calling for the records leading to Ext P3 order and quash the same. ii. Issue a writ of mandamus or any other writ, order or direction directing the 2nd respondent to reconsider Ext P2 application and pass orders afresh after obtaining a report from the 6th respondent, KSREC with regard to the nature of the property as on 2008. iii. To issue a writ of mandamus directing the 6th respondent to file a report before the 2nd and 5th respondent with regard to nature and lie of the petitioner’s property in 2008. iv. To dispense with the filing of WP(C) NO.7808 OF 2024 4 ## translation of vernacular documents. v. To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the circumstances of the case. _”[SIC]_ 2. Petitioner is aggrieved by Ext.P3 order issued by the 2[nd] respondent rejecting the Form – 5 application submitted by the petitioner. Petitioner submitted Form 5 application before the 2[nd] respondent for removing the property from the data bank. The 2[nd] respondent after obtaining a report from the 5[th] respondent passed Ext.P3 order rejecting the petitioner’s application. According to the petitioner, her property was reclaimed much before the enactment of Act 2008. It is also submitted that the petitioner’s application was rejected without obtaining scientific report from the KSREC with respect to the nature of the petitioner’s property as on 2008. Hence WP(C) NO.7808 OF 2024 5 this Writ petition is filed aggrieved by Ext.P3 order. 3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. 4. This Court perused Ext.P3 order. Ext.P3 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.P3 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 Commitee 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 WP(C) NO.7808 OF 2024 6 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. 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 WP(C) NO.7808 OF 2024 7 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 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: i) Ext.P3 order is set aside. ii) The 2[nd] respondent is directed to reconsider Form - 5 application submitted by the petitioner, as WP(C) NO.7808 OF 2024 8 expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. iii) 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 2[nd] respondent. If the KSREC report is called for, the Revenue Divisional Officer need to pass final WP(C) NO.7808 OF 2024 9 orders in Form – 5 application only within three months from the date of receipt of the KSREC report. iv) The petitioner will produce a certified copy of this judgment along with a copy of the Writ Petition with exhibits before the 2[nd] respondent for compliance. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO.7808 OF 2024 10 ## **APPENDIX OF WP(C) 7808/2024** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 22.07.2023 EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 11.10.2023 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 23.01.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE