W.P.(C) No. 26706 of 2017 (K) - UMMERU and RAMLA v. STATE OF KERALA and CHERPULLASSERY MUNICIPALITY and OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **WEDNESDAY, THE 30TH DAY OF AUGUST 2017/8TH BHADRA, 1939** ||**WP(C).No. 26706 of 2017 (K)**| |---|---| ||**---------------------------**| |**PETITIONERS:**|| |**-----------**|| |**1.**|**UMMERU,**| ||**AGED 47 YEARS, W/O.IBRAHIM,**| ||**ANQEKKARA HOUSE, MARAYAMANAGALAM POST,**| ||**NELLEYA, PALAKKAD DISTRICT.**| |**2.**|**RAMLA,**| ||**AGED 42 YEARS, W/O.MUTHAFA,**| ||**PARAKKAL HOUSE, MARAYAMANGALAM POST,**| ||**NELLAYA, OTTAPALAM TALUK,**| ||**PALAKKAD DISTRICT.**| ||**BY ADV. SMT.PRAISHEEL PRAKASAM**| |**RESPONDENTS:**|| |**------------**|| |**1.**|**STATE OF KERALA,**| ||**REPRESENTED BY TO THE GOVERNMENT,**| ||**LOCAL SELF GOVERNMENT,**| ||**GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2.**|**THE CHERPULLASSERY MUNICIPALITY,**| ||**REPRESENTED BY ITS SECRETARY**| ||**CHERPULLASSERY P.O., OTTAPALAM,**| ||**PALAKKAD - 678 001.**| |**3.**|**THE SECRETARY,**| ||**CHERPULLASSERY MUNICIPALITY,**| ||**CHERUPULLASSERY P.O, OTTAPALAM,**| ||**PALAKKAD-678 001.**| |**4.**|**THE VILLAGE OFFICER,**| ||**CHERPULLASSERY VILLAGE,**| ||**CHERUPULLASSERY P.O., OTTAPALAM,**| ||**PALAKKAD - 678 001.**| **--2--** **--2--** **WP(C).No. 26706 of 2017 (K) --------------------------** |**5.**|**THE CONVENER,**| |---|---| ||**LOCAL LEVEL MONITORING COMMITTEE,**| ||**CHERUPULLASSERY VILLAGE,**| ||**CHERPULLASSSERY P.O, OTTAPALAM,**| ||**PALAKKAD - 678 001.**| |**6.**|**THE REVENUE DIVISIONAL OFFICER,**| ||**REVENUE DIVISIONAL OFFICE,**| ||**OTTAPALAM TALUK, OTTAPALAM P.O,**| ||**PALAKKAD - 678 001.**| **R1, R4 TO R6 BY GOVT. PLEADER SMT.VINEETHA HARIRAJ** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **mbr/** ## **WP(C).No. 26706 of 2017 (K) ----------------------------** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1: THE TRUE PHOTOCOPY OF THE SALE DEED NO.4659 DATED 24/11/2015. EXHIBIT P1(A): THE TRUE PHOTOCOPY OF THE LATEST TAX RECEIPT DATED 14/12/2016. EXHIBIT P2: TRUE COPY OF RATION CARD NO.1948168236. EXHIBIT P2(A): TRUE COPY OF RATION CARD NO.1948181299. EXHIBIT P3: THE TRUE PHOTOCOPY OF THE APPLICATION DATED 9.3.2017. EXHIBIT P4: THE PROCEEDINGS DATED 9/3/2017 RECEIVED FROM THE RESPONDENT NO.2. EXHIBIT P5: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 15/4/2017. EXHIBIT P6: TRUE COPY OF POSSESSION CERTIFICATE DATED 15.4.2017. EXHIBIT P7: THE TRUE COPY OF THE PHOTOGRAPHS. EXHIBIT P8: THE TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 5TH RESPONDENT DATED 29/6/2017. EXHIBIT P8: THE TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 6TH RESPONDENT DATE 29/6/2017. EXHIBIT P10: THE TRUE PHOTOCOPY OF THE RECEIPT OF EXHIBIT P9. EXHIBIT P11: THE TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 5TH RESPONDENT DATED 17.8.2017. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.S.TO JUDGE** **mbr/** ## **K. VINOD CHANDRAN, J.** ## **===================== W.P.(C) No.26706 of 2017- K =========================== Dated this the 30[th] day of August, 2017** ## **Judgment** The petitioners are aggrieved with the fact that the land, owned by the petitioners, having an extent of 9 ares and 70 sq.m in R.S No.193/13 (old Sy.No.122/1) of the Cherppullassery Village in Ottapalam Taluk in Palakkad District, is shown as 'nilam' in the village records. The said property of the petitioner is said to be included in the data bank prepared under Section 5(4)(1) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act') as 'paddy land'. The petitioner filed Ext.P11 application, before the 5[th] respondent, for removal of entry in respect of their properties from the draft data bank and Ext.P9; an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity “KLU Order”) before the 6[th] respondent for conversion of use of W.P.(C)No.26706/2017 2 land, which are pending consideration. The prayer of the petitioner is to direct the 5[th] and 6[th] respondents herein, to consider and dispose of Exts.P11 and P9 applications respectively, within a reasonable time. 2. In such circumstance, since, the petitioner in the aforesaid writ petition seeks a direction to the 5[th] respondent to delete the property of the petitioner from the data bank and declare that the property of the petitioner is not liable to be included in the data bank. Such a relief can be appropriately sought before the Local Level Monitoring Committee as per the amendment brought to the Paddy Land Act by the amended Rule 4(6) of the Kerala Paddy Land and Wetland Rules, 2008. Hence the 5[th] respondent is directed to consider the request under the amendment G.O.(P) No.34/2017/Revenue dated 30.05.2017 for removing the property from the data bank after conducting site inspection and ascertaining the nature of land as on the date of enforcement of the Paddy Land Act and with report received from the Kerala State Remote Sensing and Environment Center W.P.(C)No.26706/2017 3 (KSREC), if the application is filed in original and pending before the authority. 3. Since the land is included in the draft data bank and the description is shown as 'nilam' in the village records, it is only proper that a report is received from the Local Level Monitoring Committee (LLMC) and Kerala State Remote Sensing and Environment Center (KSREC) before consideration of Ext.P9 application by the 6[th] respondent, if the same is filed in original and pending before the authority. 4. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer, shall seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and W.P.(C)No.26706/2017 4 Environment Center (KSREC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioners, C/o. the concerned Agricultural Officer (showing the full address) before the KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall require the LLMC to conduct physical inspection of the property and then the LLMC shall consider the application at Ext.P11 in accordance with law. If the LLMC permits it, the 6[th] respondent shall consider Ext.P9 application to obtain conversion of user under Clause (6) of the Kerala Land Utilization Order, 1967 and also in accordance with **M.K.Shivadasan v. Revenue Divisional Officer [2017 (3) KLT 822].** The petitioner could also seek change of categorisation before the land tax authorities and seek fresh assessment of the W.P.(C)No.26706/2017 5 land as 'garden land', as has been declared in **Kizhakkambalam** . **Grama Panchayath V. Mariumma - 2015(2) KLT 516** The writ petition is disposed of as above. No costs. Sd/- **K . VINOD CHANDRAN, JUDGE** SB/30/08/2017 // true copy // P.A to Judge