Usman C.B. v. Revenue Divisional Officer / Sub Collector, RDO Office (Fort Kochi), Ernakulam; Local Level Monitoring Committee, Choornikara Grama Panchayath, represented by its Convener Agricultural Officer, Krishi Bhavan, Choornikara; Agricultural Officer, Krishi Bhavan, Choornikara; Tahsildar (LR), Taluk Office, Aluva; Village Officer, ChoorNukara Village Office, Thaikka toutkara, Aluva, Ernakulam District

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940** ## **WP(C).No. 7647 of 2019** ## **PETITIONER/S:** **USMAN.C.B., S/O BEERAKUTTY CHERUPARAMBIL HOUSE NO. 14/13, MUTTAM, THAIKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683 106** **BY ADVS. SRI.P.K.SOYUZ SRI.E.V.BABYCHAN** ## **RESPONDENT/S:** - **1 THE REVENUE DIVISIONAL OFFICER / SUB COLLECTOR RDO OFFICE, FORT KOCHI, ERNAKULAM, PIN - 682 001** - **2 THE LOCAL LEVEL MONITORING COMMITTEE CHOORNIKARA GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER, KRISHI BHAVAN, CHOORNIKARA, THAIKAATUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN - 683 106** - **3 AGRICULTURAL OFFICER KRISHI BHAVAN, CHOORNIKARA, THAIKAATUKARA P.O, ALUVA, ERNAKULAM DISTRICT,. PIN - 683 106** - **4 THE TAHSILDAR(LR) TALUK OFFICE, ALUVA CIVIL STATION ROAD, ALUVA, ERNAKULAM DISTRICT, PIN - 693 101** - **5 THE VILLAGE OFFICER CHOORNUKARA VILLAGE OFFICE, THAIKAATUKARA P.O, ALUVA, ERNAKULAM DISTRICT. PIN - 683 106** **BY SRI MANU RAJ K.J, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No. 7647 of 2019 2 ## **JUDGMENT** The petitioner, who is stated to be in joint ownership and possession of 7.86 ares of land comprised in Re-survey Nos. 25/2-3, 24/2-3, 26/12-2, 24/1-2, 24/3-2, 24/3-3 in Block No. 34 of Choornikkara Village, Aluva Taluk along with his wife Sheeba, covered by Exts.P1(a) and P1(b) possession certificates has filed this writ petition under Article 226 of the Constitution of India seeking a declaration that 4.91 Ares (12.132 cents) of land comprised in Re.Sy. Nos. 25/2-3, 24/23, 26/12-2, 24/1-2, 24/3-2, 24/3-3 in Block No.34 of Choornikkara Village, Aluva Taluk, owned by the petitioner is a converted dry land converted before the commencement of the Kerala Conservation of Paddy Land and Wet Land Act and the petitioner is entitled to utilise the above land for any purpose including construction of building. The petitioner has also sought for a writ of mandamus commanding the 2[nd] respondent to consider and dispose of Ext.P4 applications in the light of the judgment Salim v. State of Kerala [2017 (1) KLT 392], and also in the light of Ext.P5 Government Order and correct the Data Bank of Choornikkara Grama Panchayath and make necessary corrections in the data bank by deleting WP(C).No. 7647 of 2019 3 4.91 Ares (12.132 cents) of land comprised in Re.Sy.Nos. 25/2-3, 24/2-3, 26/12-2, 24/1-2, 24/3-2, 24/3-3 in Block No. 34 of Choornikkara Village, Aluva Taluk; direction to the 1[st] respondent to consider and dispose Ext.P6 application and grant permission to change of nature of the land and also, to utilize 4.91 Ares(12.132 cents) of land comprised in Re.Sy. Nos. 25/2-3, 24/2-3, 26/12-2, 24/1-2, 24/3-2, 24/3-3 in Block No.34 of Choornikkara Village, Aluva Taluk for other purposes including construction of building; and directing the fourth respondent to reassess the land tax and make necessary correcting in the revenue records with respect to 4.91 Ares(12.132 cents) of land comprised in Re.Sy.Nos. 25/2-3, 24/2-3, 26/12-2, 24/1-2, 24/3-2, 24/3-3 in Block No. 34 of Choornikkara Village, Aluva Taluk, as per Section 27C of the Act. 2. According to the petitioner, though 4.91 ares out of 7.86 ares in the joint possession of the petitioner along with his wife is dry land, it is wrongly classified as 'Nilam' in the Revenue Records. It is wrongly described as paddy land in the data-bank. Therefore, the petitioner made Ext.P4 application before the 2[nd] respondent, invoking sub-rule (6) of Rule 4 of the Kerala Conservation of Paddy Land and Wet Land Rules, WP(C).No. 7647 of 2019 4 2008, for correction of entry in the data-bank. 3. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents. 4. Kerala Conservation of Paddy Land and Wetland Act, 2008 was enacted to conserve the paddy land and wet land and to restrict the conversion or reclamation thereof, in order to promote growth in the agricultural sector and to sustain the ecological system, in the State of Kerala. Clause (iii) of Section 2 of the Act define the term 'conversion' to mean the situation whereby, land that has been under paddy farming and its allied constructions like drainage channels, ponds, canals, bunds and ridges are put to use for any other purpose. Clause (xii) of Section 2 defines the term 'paddy land' to mean all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals; Clause (xviii) of Section 2 defines the term 'wetland' to mean land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterised WP(C).No. 7647 of 2019 5 by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers; 5. Section 3 of the Act deals with prohibition of conversion or reclamation of paddy land. As per sub-section (1), on and from the date of commencement of this Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance with the provisions of this Act. As per sub-section (2), nothing contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation. 6. As per Clause (f) of Rule 2 of the Kerala Conservation of Paddy Land and Weltland Rules, 2008 inserted vide G.O.(P)No.85/2018/Rev. dated 15.12.2018, 'data bank' means the data bank of paddy lands and wetlands prepared under clause (i) of sub-section (4) of Section 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Rule 4 of the Rules deals with preparation of data-bank. As per sub-rule WP(C).No. 7647 of 2019 6 (1) of Rule 4, the Local Level Monitoring Committee has to prepare a data-bank. Sub-rule (2) of Rule 4 deals with the procedure that has to be followed by that Committee in the matter of preparation of data-bank. As per sub-rule (3) of Rule 4, the Committee, if found necessary, can seek technical support for preparation of data-bank under clause (a) of subrule (2) of Rule 4 from the Agricultural Officer, Village Officer or District Collector. 7. As per sub-rule (4) of Rule 4, the data-bank approved by the Committee as per clause (b) of sub-rule (2) of Rule 4, prepared in Form 4, shall be forwarded to the Secretary of the concerned Local Self Government Institution, who shall publish the same as Gazette notification. As per sub-rule (4A) of Rule 4, a copy of the data-bank published in the official Gazette shall be published by the Secretary of the Grama Panchayat / Municipality / Corporation in the notice board and also in the website. As per sub-rule (4B) of Rule 4, two copies of the data-bank published as above shall be forwarded by the Secretary of the Grama Panchayat / Municipality / Corporation to the concerned Village Officer and Agricultural Officer. As per sub-rule (4C) Rule 4, the Village Officer and the Agricultural Officer shall publish a copy of the WP(C).No. 7647 of 2019 7 data-bank so received in the notice board, for information to public and one copy shall be kept in safe custody so as to make available for scrutiny of land owners, as and when required. 8. As per sub-rule (4D) of Rule 4, a person feeling aggrieved by any entry in the data-bank can submit his objections by submitting an application in Form 5 to the Revenue Divisional Officer, who shall issue receipt for such application and shall keep a register of such applications. As per sub-rule (4E) of Rule 4, if an application received under sub-rule (4D) is in respect of paddy land, the same shall be forwarded to the Agricultural Officer, and if such an application in respect of a wet land, the same shall be forwarded to the Village Officer, for report, and the Village Officer or the Agricultural Officer, as the case may be, shall submit a report on that application to the Revenue Divisional Officer, within one month. 9. As per sub-rule (4F) of Rule 4, on receipt of a report under sub-rule (4E), the Revenue Divisional Officer shall conduct a local inspection of the property or obtain satellite map prepared by the Central or State Science and Technological Institutions, if found necessary, and therefore, WP(C).No. 7647 of 2019 8 pass appropriate orders on that application. As per sub-rule (5) of Rule 4, if any land, which is lying as paddy land/wet land is not included in the data-bank published in the official Gazette, under sub-rule (4) of Rule 4, the Local Level Monitoring Committee shall have the authority to take necessary action in this regard. 10. As per sub-rule (6) of Rule 4, if a person is aggrieved by incorrect entry of his property in the data-bank published as per sub-rule (4) of Rule 4, he can make an application before the concerned Local Level Monitoring Committee, for correction, within 90 days from the date of coming into force of the Kerala Conservation of Paddy Land and Wetland (Amendment) Rules 2017. As per sub-rule (7), such an application has to be filed after affixing a Court fee stamp of Rs.100/- and that application should contain the particulars of the property in respect of which such correction is sought for and also the nature of correction sought for. Such an application for correction shall be received by the concerned Local Level Monitoring Committee and they have to issue receipts. If sufficient cause is shown, the Local Level Monitoring Committee shall have the power to entertain such application, after condoning the delay in filing those WP(C).No. 7647 of 2019 9 applications. 11. As per sub-rule (8) of Rule 4, on receipt of an application under sub-rule (6), the Local Level Monitoring Committee shall prepare a report after conducting a local inspection as to the nature of the property in question. For that purpose, the Local Level Monitoring Committee has to take necessary steps to obtain the satellite images of the property prior to and after 12.08.2008, the date on which the Kerala Conservation of Paddy land and Wetland Act, 2008 came into force. Based on that report and also the satellite image, the Local Level Monitoring Committee shall take an appropriate decision as to the nature of the property and in cases there is any difference in the nature of the property notified in the data bank, necessary corrections shall be made and published accordingly. As per sub-rule (9) of Rule 4, for effecting such publication, the Local Level Monitoring Committee has to comply with the provisions under sub-rule (2) of Rule 4, regarding publication of data bank. As per subrule (10) of Rule 4, if the Local Level Monitoring Committee finds no reason to change the nature of the land, and accordingly not to make any correction in the data bank, the same shall be intimated to the applicant. WP(C).No. 7647 of 2019 10 12. The learned counsel for the petitioner would submit that Ext.P4 application made by the petitioner, invoking the provisions under sub-rule (6) of Rule 4 of the Kerala Conservation of Paddy Land and Wet Land Rules for correction of entry in the data-bank is now pending consideration before the 2[nd] respondent Local Level Monitoring Committee and therefore, the said respondent may be directed to consider that application and pass appropriate orders thereon, within a time limit to be fixed by this Court, with notice to the petitioner and after affording him an opportunity of being heard. The learned counsel for the petitioner would also submit that, the petitioner is prepared to remit the requisite fee for obtaining attested copy of F.M.B. Sketch and satellite image and report from the Kerala State Remote Sensing and Environment Center, as undertaken in Ext.P4 application. 13. The learned Senior Government Pleader would submit that the 2[nd] respondent Local Level Monitoring Committee shall consider Ext.P4 application made by the petitioner and pass appropriate orders thereon, in accordance with law, within a time limit to be specified by this Court. 14. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of WP(C).No. 7647 of 2019 11 by directing the 2[nd] respondent to consider and pass appropriate orders on Ext.P4 application made by the petitioner under sub-rule (6) of Rule 4 of the Rules, strictly in accordance with law, after obtaining satellite image and report from the Kerala State Remote Sensing and Environment Centre and the attested copy of F.M.B sketch from the concerned Village Officer, as per the mandate of the Statute. It is for the petitioner to remit the requisite fee before the appropriate authority for obtaining such materials without any delay. The 2[nd] respondent shall pass final orders on Ext.P4 application, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment. Subject to the outcome of Ext.P4 application, it would be open to the petitioner to pursue Ext.P6 application before the 1[st] respondent. **Sd/-** ## **ANIL K.NARENDRAN** ## **JUDGE** DCS WP(C).No. 7647 of 2019 12 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATES DATED 04.01.2019** **EXHIBIT P1 B TRUE COPY OF THE POSSESSION CERTIFICATES DATED 15.01.2019** **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK** **EXHIBIT P3 TRUE PHOTOGRAPHS OF THE PROPERTY AND BUILDING** **EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 18.02.2019 SENT TO THE 2ND RESPONDENT EXHIBIT P4 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 23.02.2019 EXHIBIT P5 TRUE COPY OF THE G.O(ORDINARY) NO.4592/17 DATED 31/10/2017 EXHIBIT P6 TRUE COPY OF THE APPLICATION SENT TO THE 1ST RESPONDENT DATED 20.02.2019 EXHIBIT P7 TRUE COPY OF THE CHALAN RECEIPT DATED 23/02/2019 EXHIBIT P8 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 28/02/2019**