P. VINODINI, v. REVENUE DIVISIONAL OFFICER (RDO)
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-11. P. VINODINI, v. REVENUE DIVISIONAL OFFICER (RDO). Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. MUHAMED MUSTAQUE FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942 WP(C). No. 19247 OF 2020(E) PETITIONER: P. VINODINI, AGED 64 YEARS W/O. A. V. MADHAVAN, RESIDING AT AMBILAVALAPIL, CV JUNCTION, PONNANI, MALAPPURAM DISTRICT-679 577 BY ADVS. SRI. V. HARISH SRI. RAJAN VISHNURAJ RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER (RDO) TIRUR, THRIKANDIYOOR ROAD, TIRUR, MALAPPURAM, PIN-676 101 2 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY THE CONVENOR, AGRICULTURE OFFICER, KALADY GRAMA PANCHAYATH, PANCHAYATH OFFICE ROAD, PARAPPURAM, MALAPPURAM, KERALA, PIN-679 582 3 THE VILLAGE OFFICER, KALADY, KALADY VILLAGE OFFICE, KADANCHERY- PARAKKOOTHUPARAMBU ROAD, PARAPPURAM, MALAPPURAM, PIN- 679 582 BY GOVERNMENT PLEADER BY ADV. G RANJITHA GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.
19247 OF 2020(E) JUDGMENT Dated this the 11th day of December 2020 This writ petition is filed challenging the orders of the Revenue Divisional Officer, Tirur dated 24. 09. 2019 and 06. 01. 2020. 2. The petitioner approached the Revenue Divisional Officer in Form 5 application on 19. 02. 2019 to remove the land referred in the orders from the data bank. The land is classified as a wetland in the data bank. According to the petitioner, the land is a converted land prior to Act 28 of 2008. 3. It is not known as to what is the basis of the two orders that were being passed by the Revenue Divisional Officer on the same application. By both orders, the Revenue Divisional Officer rejected the petitioner's request to treat it as a converted land. 4. It is seen from the impugned orders that the Revenue Divisional Officer relied on the report of the Principal Agricultural Officer. It is also seen that Ext. P11 report of the Village Officer has been overlooked before passing orders. 5.
Under Rule 4 (4e) of the Kerala Conservation of Paddy WP(C). No. 19247 OF 2020(E) Land and Wetland Rules, 2008, a different procedure has been stipulated for obtaining a report in respect of paddy land and wetland. In case of paddy land, the Revenue Divisional Officer has to obtain a report form the Agricultural Officer and in respect of wetland, the Revenue Divisional Officer has to rely upon the report of the Village Officer. In such circumstances, the impugned orders have to be set aside as the same was passed without adverting to Rule 4 (4c) of the Kerala Conservation of Paddy Land and Wetland Rules. Accordingly, the impugned orders are set aside. The Revenue Divisional Officer is directed to reconsider the matter afresh, after adverting to Ext. P11 report of the Village Officer in accordance with Rule 4 (4e) of the Kerala Conservation of Paddy Land and Wetland Rules within a period of two months and take a decision, after hearing the petitioner.
The writ petition is disposed of as above. Sd/- A. MUHAMED MUSTAQUE SAS/11/12/2020 JUDGE WP(C). No. 19247 OF 2020(E) APPENDIX PETITIONER'S EXHIBITS: A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF THE KALADY GRAMA PANCHAYAT. A TRUE PHOTOGRAPHS OF THE PETITONER'S PROPERTY. A TRUE COPY OF THE REPORT DATED 15. 05. 2007 OF THE ADDITIONAL TAHSILDAR, PONNANI. A TRUE COPY OF THE NOTICE DATD 22. 06. 2007 ISSUED BY THE RDO, TIRUR. A TRUE COPY OF THE DECISION DATED 11. 09. 2013 TAKEN BY THE LLMC. A TRUE COPY OF THE REPORT DATED 17. 10. 2013 ISSUED BY THE ADDITIONAL TAHSILDAR , PONNANI TO THE RDO,TIRUR. A TRUE COPY OF THE COMMUNICATION DATED 01. 10. 2015 ISSUED BY THE AGRICULTURAL OFFICER TO THE SECRETARY, KALADY GRAMA PANCHAYAT. A TRUE COPY OF THE APPLICATION DATED 19. 02. 2019 PREFERRED BY THE PETITIONER BEFORE THE RDO, TIRUR. A TRUE COPY OF THE JUDGMENT DATED 29. 07. 2019 PASSED BY THE HON'BLE COURT OF KERALA IN W. P. (C) NO. 20663 OF 2019. A TRUE COPY OF THE ORDER DATED 31. 10.
2017 ISSUED BY THE REVENUE DEPARTMENT. A TRUE COPY OF THE PROCEEDINGS DATED 24. 09. 2019 OF THE RDO, TIRUR. A TRUE COPY OF THE REPORT DATED 23. 10. 2019 PREPARED BY THE VILLAGE OFFICER, KALADY TO THE CONVENER OF THE LLMC. A TRUE COPY OF THE COMMUNICATION DATED 11. 11. 2019 FROM THE AGRICULTURAL OFFICER TO THE RDO, TIRUR. WP(C). No. 19247 OF 2020(E) EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS DATED 06. 01. 2020 OF THE RDO,TIRUR. EXHIBIT P14 A TRUE PHOTOCOPY OF THE KSREC REPORT DATED 03. 01. 2019. RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P. A. TO JUDGE
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.