W.P.(C) Nos.20367 & 20438 of 2022

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 26[TH] DAY OF JULY 2022 / 4TH SRAVANA, 1944 WP(C) NO. 20367 OF 2022** ## **PETITIONER:** **MATHEW ANTONY AGED 71 YEARS S/O C.M ANTONY, CHAKKANKULAM HOUSE, PALA P.O.,KOTTAYAM- PIN -686 575** **BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR R.K.PRASANTH MINIKUMARY M.V.** ## **RESPONDENTS:** - **1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, PALA - PIN -686 575** - **2 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY CONVENER/THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PALA MUNICIPALITY, PALA.- PIN -686 575** - **3 THE TAHASILDAR, TALUK OFFICE, MEENACHIL,PIN-686 577** **BY SMT.SURYA BINOY, SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, ALONG WITH WP(C).20438/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) Nos.20367 & 20438 of 2022 : 2 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **TUESDAY, THE 26[TH] DAY OF JULY 2022 / 4TH SRAVANA, 1944 WP(C) NO. 20438 OF 2022** ## **PETITIONER:** **LALICHEN ANTONY @ JOHN VEEYANI AGED 65 YEARS S/O C.M ANTONY, CHAKKANKULAM HOUSE, PALA P.O.,KOTTAYAM- PIN -686 575** **BY ADVS. T.P.PRADEEP P.K.SATHEES KUMAR R.K.PRASANTH MINIKUMARY M.V.** ## **RESPONDENTS:** - **1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, PALA - PIN -686 575** - **2 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY CONVENER/THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PALA MUNICIPALITY, PALA.- PIN -686 575** - **3 THE TAHASILDAR, TALUK OFFICE, MEENACHIL,PIN-686 577** **BY SMT.SURYA BINOY, SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, ALONG WITH WP(C).20367/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) Nos.20367 & 20438 of 2022 : 3 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` W.P.(C) Nos.20367 and 20438 of 2022 ````````````````````````````````````````````````````````````` _Dated this the 26[th] day of July, 2022_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioners in W.P.(C) Nos.20367 and 20438 of 2022 have filed these writ petitions seeking to quash Ext.P7 and to direct the 1[st] respondent to allow to utilise the land of the petitioners for other purposes under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 2. The petitioner in W.P.(C) No.20367 of 2022 holds 4.34 Ares of land in Re-survey No.99/41-2 of Lalam Village and the petitioner in W.P.(C) No.20438 of 2022, holds 4.34 Ares of land in Re-survey No.99/41-4. The land is used as a garden land since the year 2000 by cultivating coconut, nutmeg and Arecanut. Applications were filed under the W.P.(C) Nos.20367 & 20438 of 2022 : 4 : Kerala Land Utilisation Order in 2018 seeking permission to use the land for non-agricultural purposes. This Court, as per Ext.P1 judgment, directed the competent authority to consider those applications. 3. Pursuant thereto, the Local Level Monitoring Committee decided to remove the land from Data Bank. By Ext.P3 orders, the applications filed by the petitioners under the Kerala Land Utilisation Order were allowed. Thereafter, the petitioners filed Ext.P4 Form-6 applications under the Kerala Conservation of Paddy Land and Wetland Act, 2008 seeking to change the nature of the land in Revenue records. 4. To the surprise of the petitioners, the 1[st] respondent rejected the applications as per Ext.P7 stating that though permission was granted under the Kerala Land Utilisation Order, the land was not put to use for other purposes. Aggrieved by Ext.P7 orders, the petitioners have filed the writ petitions. 5. The petitioners urged that they had obtained orders invoking the provisions of the Kerala Land Utilisation W.P.(C) Nos.20367 & 20438 of 2022 : 5 : Order for utilising the land for non-agricultural purposes and hence the 1[st] respondent-RDO cannot refuse to change the nature of the land in Revenue records. 6. The Senior Government Pleader appeared on behalf of the respondents and resisted the writ petitions. The Senior Government Pleader controverted all the material allegations made by the petitioners, in the writ petitions. On behalf of the respondents, it is submitted that the Kerala Conservation of Paddy Land and Wetland Act, 2008 came into effect in 2008 and hence conversion of any paddy land or wetland has to be in compliance with the Act, 2008. The pieces of land of the petitioners were not converted. Hence, the rejection of Form-6 applications of the petitioners by the 1[st] respondent was amply justified. 7. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 8. The petitioners wanted to use their land for non-agricultural purposes and hence they filed applications W.P.(C) Nos.20367 & 20438 of 2022 : 6 : under the Kerala Land Utilisation Order. The applications were allowed as evidenced by Ext.P3. On the applications filed by the petitioners, the Local Level Monitoring Committee decided to remove the land of the petitioners from the Data Bank. 9. However, the applications filed by the petitioners to change the nature of the land in the Revenue records stand rejected on the ground that though the petitioners have obtained permission to use the land for non-agricultural purposes, the land has not been converted so far and it has the characteristics of wetland. 10. It has to be noted that the Local Level Monitoring Committee has considered the applications submitted by the petitioners to remove the land from Data Bank and has come to a conclusion that the land can be removed from the Data Bank of Paddy Land and Wetland. The said conclusion is based on an inspection of the land. 11. The 1[st] respondent has decided to reject the Form-6 applications of the petitioners for the reason that the W.P.(C) Nos.20367 & 20438 of 2022 : 7 : land is seen as waterlogged even during summer. The said conclusion is based on a report submitted by the Village Officer. The Village Officer has stated that the land is waterlogged and marshy. It has to be noted in this regard that this Court has held in the judgment in _**Mather Nagar Residents Association and another v. District Collector, Ernakulam and others** [2020 (2) KLT 192]_ that merely because a land is found waterlogged, it cannot be classified as wetland. 12. The term 'wetland' is defined in Section 2(xvii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 as follows: **2(xvii)** “wetland” means 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 characterized 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. Ext.P7 does not indicate that the land is between aquatic and terrestrial systems to fall within the definition of 'wetland' W.P.(C) Nos.20367 & 20438 of 2022 : 8 : under the Kerala Conservation of Paddy Land and Wetland Act, 2008. At the same time, the LLMC, which bases its assumption on local inspection, has recommended to remove the land from the Data bank of Paddy Land and Wetland. 13. In the said circumstances, this Court is of the considered view that the Revenue Divisional Officer should reconsider Ext.P.7 decision. The writ petitions are therefore disposed of setting aside Ext.P7 orders and directing the 1[st] respondent to reconsider Ext.P4 Form-6 applications of the petitioners in accordance with law taking note of Ext.P3 KLU Orders and the judgment of this Court in _**Mather Nagar Residents Association and another**_ (supra). Orders in this regard shall be passed within a period of two months. Sd/- **N. NAGARESH, JUDGE** aks/27.07.2022 W.P.(C) Nos.20367 & 20438 of 2022 : 9 : ## **APPENDIX OF WP(C) 20367/2022** ## **PETITIONER'S EXHIBITS** |**Exhibit P1**|**TRUE COPY OF THE JUDGEMENT DATED**| |---|---| ||**16/02/2018 IN W.P. (C) NO. 5215/2018**| |**Exhibit P2**|**TRUE COPY OF THE APPENDIX 3**| |**Exhibit P3**|**TRUE COPY OF THE ORDER OF THE 1ST**| ||**RESPONDENT DATED 07/08/2018**| |**Exhibit P4**|**TRUE COPY OF THE APPLICATION IN FORM 6**| ||**SUBMITTED BEFORE THE 1ST RESPONDENT**| |**Exhibit P5**|**TRUE COPY OF THE CHALAN DATED**| ||**10.11.2020**| |**Exhibit P6**|**TRUE COPY OF THE JUDGMENT IN WPâ’¸ NO.**| ||**23372/2021 DATED 28.10.2021**| |**Exhibit P7**|**TRUE COPY OF THE ORDER OF THE 1ST**| ||**RESPONDENT DATED 19.05.2022**| W.P.(C) Nos.20367 & 20438 of 2022 : 10 : ## **APPENDIX OF WP(C) 20438/2022** ## **PETITIONER'S EXHIBITS** |**Exhibit P1**|**TRUE COPY OF THE JUDGEMENT DATED**| |---|---| ||**16/02/2018 IN W.P. (C) NO. 5226/2018**| |**Exhibit P2**|**TRUE COPY OF THE APPENDIX 3**| |**Exhibit P3**|**TRUE COPY OF THE ORDER OF THE 1ST**| ||**RESPONDENT DATED 07/08/2018**| |**Exhibit P4**|**TRUE COPY OF THE APPLICATION IN FORM 6**| ||**SUBMITTED BEFORE THE 1ST RESPONDENT**| |**Exhibit P5**|**TRUE COPY OF THE CHALAN DATED**| ||**10.11.2020**| |**Exhibit P6**|**TRUE COPY OF THE JUDGMENT IN WPC NO.**| ||**23375/2022 DATED 28.10.2021**| |**Exhibit P7**|**TRUE COPY OF THE ORDER OF THE 1ST**| ||**RESPONDENT DATED 19.05.2022**|