Vargheese K.E. v. District Collector, Civil Station, Alappuzha; Revenue Divisional Officer / Sub Collector, Alappuzha; Local Level Monitoring Committee, Thalavady Grama Panchayath; Agricultural Officer, Krishi Bhavan, Thalavady; Village Officer, Thalavady Village
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V.G. Arun
- Judgment Date
- 2024-03-05
- Court Decision / Holding
- The writ petition is disposed of directing the Revenue Divisional Officer to decide Ext.P15 under Form 5 in accordance with Rules 4(4E) and 4(4F) of the 2008 Rules, with reference to the KSREC report, and in light of Bharathan Ramanathan v. State of Kerala. The decision shall be independent of the LLMC’s findings and is to be made within three months of receipt of a copy of this judgment. The proceedings under Section 13 of the Act shall be kept in abeyance pending such decision, and the petitioner shall be afforded an opportunity to submit documents.
- Final Disposition
- Writ petition disposed of with directions for the RDO to decide Ext.P15 under Form 5 within three months, following Rules 4(4E) and 4(4F) and KSREC report, while keeping Section 13 proceedings in abeyance; LLMC’s findings to be set aside for this purpose; petitioner to be allowed to submit documents.
Parties to the Case
Appellants / Petitioners
- Vargheese K.E.
Respondents
- 1 The District Collector, Civil Station, Alappuzha, Alappuzha District
- 2 Revenue Divisional Officer / Sub Collector, Revenue Divisional Office, Thathampally, Alappuzha District
- 3 Local Level Monitoring Committee, Thalavady Grama Panchayath, represented by its Convenor, Agricultural Officer, Krishi Bhavan, Thalavady
- 4 The Agricultural Officer, Krishi Bhavan, Thalavady
- 5 The Village Officer, Thalavady Village, Kuttanad Taluk, Thalavady
Legal Representation & Advocates
Counsels for Petitioners
- • P. K. Soyuz
- • E. V. Babychan
Counsels for Respondents
- • Sri. V. Tekchand (Sr. GP)
- • Government Pleader
Case Synopsis & Summary
The petitioner, Vargheese K.E., is an octogenarian landowner claiming ownership and possession of 189.58 acres of land in Re-Sy.No. 313/7 in Thalavady village, Kuttanad taluk. He contends that the land was reclaimed years ago and currently exists as purayidam, but the Data Bank incorrectly enumerates it as wetland under the Kerala Conservation of Paddy Land and Wetland Act, 2008. In 2019, proceedings under Section 13 of the Act were initiated (Ext.P5) on the premise of the land being described as wetland, and Ext.P7 was filed before the Local Level Monitoring Committee (LLMC) seeking deletion of the entry after learning of the erroneous description. Prior writ petition W.P. No. 26239/2019 resulted in Ext.P8 directing reconsideration by the District Collector, followed by Ext.P9 and Ext.P15, with consequent contempt proceedings and withdrawal. The LLMC failed to decide Ext.P7, and the petitioner filed Ext.P15 (Form 5) under the 2008 Rules seeking deletion from the data bank. The court held that with a proviso to Section 5(4)(i) of the Act, the Revenue Divisional Officer (RDO) is empowered to decide Ext.P15, and directed the RDO to decide in three months, following Rules 4(4E) and 4(4F) and KSREC report, independent of the LLMC’s findings. Section 13 proceedings are kept in abeyance, and the petitioner will be afforded an opportunity to submit documents.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the land in question is not wetlands and is shown as purayidam in revenue records. He argues that Ext.P5 initiated Section 13 proceedings on the mistaken wetland description and that Ext.P7 before the LLMC should lead to deletion of the erroneous entry. With the introduction of the proviso to Section 5(4)(i), the RDO now has the power to decide Ext.P15 (Form 5) and delete the entry in the data bank, subject to KSREC’s report, and independently of LLMC’s order. He requests a decision in line with this legal framework within a time-bound period, while keeping the Section 13 proceedings in abeyance pending the RDO’s ruling.
Contentions of Respondents
The respondents submit that LLMC’s order and Ext.P9 reflect consideration of the Form 5 application. They argue that, post proviso to Section 5(4)(i), the RDO is empowered to decide Ext.P15 and must follow the 2008 Rules (4(4E), 4(4F)) and KSREC’s report. They emphasize adhering to due process and that LLMC’s prior actions have to be weighed against the statutory framework, with the final decision resting with the RDO after proper procedural compliance.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Bharathan Ramanathan v. State of Kerala | 2022(7) KHC 541 | Positive | Cited to justify an independent RDO decision under the proviso to Section 5(4)(i) of the Act, aligning with the court’s reasoning. |
| Adani Infrastructures and Developers Pvt. Ltd. v. State of Kerala & Asma V. District Collector, Thrissur and others | Not Provided | Positive | Cited as a guiding precedent for deleting entries from the Data Bank based on KSREC reports and related statutory provisions. |
| W.P.(C) No. 26239 of 2019 | W.P.(C) No. 26239 of 2019 | Mentioned Only | Referenced as the earlier matter that led to Ext.P8 and later proceedings; its outcome provides context but is not the immediate controlling authority. |
| CON. Case No. 218 of 2020 | CON. Case No. 218 of 2020 | Mentioned Only | Cited via Exhibit P10; used for context in the Judgment but not a controlling precedent for the present decision. |
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