IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 30289 of 2010(I) -------------------------- PETITIONERS: --------------- 1. ROY J.VELLANIKKAREN, S/O.JOHNSON V.A., VELLANIKKAREN HOUSE, P.O.NO.214, 3RD GATE, HILL GARDENS, KUTTANELLUR. 2. MARTIN JOSE NELLISSERY, S/O.JOSE ANTO NELLISSERY, NELLISSERY HOUSE, PSALM-91, H.NO.254/A, POOCHATTY, ERAVIMANGALAM-680751. 3. MEENA DAVIS, W/O.DAVIS V.A., VELLANIKKAREN HOUSE, MAIN ROAD, IRINJALAKUDA-680 121. 4. JACINTHA JOHNSON, W/O.JOHNSON V.A., VELLANIKKAREN HOUSE, PL.NO.214, 3RD GATE HILL GARDENS, KUTTANELLUR-680014. 5. K.P.DAVIS, S/O.K.R.KOCHU PAILO, KAVALAKKATT HOUSE, VADAMA P.O., MALA-680736. 6. SHEENA ROY, W/O.ROY J.VELLANIKKAREN, VELLANIKKAREN HOUSE, PC.NO.214, 3RD GATE, HILL GARDENS, KUTTANELLUR, THRISSUR-680014. BY ADV. MR. V.M.KRISHNAKUMAR MS. P.A.ANITHA RESPONDENTS: --------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR. 2. TAHSILDAR, TALUK OFFICE, IRINJALAKUDA. 3. VILLAGE OFFICER, VILLAGE OFFICE, IRINJALAKUDA. BY SENIOR GOVERNMENT PLEADER MR. T. K. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 30289 OF 2010 APPENDIX PETITIONERS' EXHIBITS : EXT. P1 : TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.01.2010 ISSUED TO THE 1st PETITIONER'S PROPERTY. EXT. P1 (a) : TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.03.2010 ISSUED TO THE 2nd PETITIONER'S PROPERTY. EXT. P1 (b) : TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.03.2010 ISSUED TO THE 3rd PETITIONER'S PROPERTY. EXT. P1 (c) : TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.08.2007 ISSUED TO THE 4th PETITIONER'S PROPERTY. EXT. P1 (d) : TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.03.2010 ISSUED TO THE 5th PETITIONER'S PROPERTY. EXT. P1 (e) : TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.03.2010 ISSUED TO THE 6th PETITIONER'S PROPERTY. EXT. P2 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11.05.2010 TO THE 1ST PETITIONER. EXT. P2 (a) : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11.05.2010 TO THE 2nd PETITIONER. EXT. P2 (b) : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11.05.2010 TO THE 3rd PETITIONER. EXT. P2 (c) : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11.05.2010 TO THE 4th PETITIONER. EXT. P2 (d) : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11.05.2010 TO THE 5th PETITIONER. EXT. P2 (e) : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 11.05.2010 TO THE 6th PETITIONER. EXT. P3 : TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT REPORTED IN 2009 (3) KLT 899 EXT. P4 : TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT REPORTED IN 2009 (1) KLT 123 EXT. P5 : TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 11644 / 2010 DATED 178.06.2010 EXT. P6 : TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE RDO DATED 12.07.2010 :2: EXT. P6 (a) : TRUE COPY OF THE REPRESENTATION FILED BY THE SECOND PETITIONER BEFORE THE RDO DATED 12.07.2010 EXT. P6 (b) : TRUE COPY OF THE REPRESENTATION FILED BY THE SECOND PETITIONER BEFORE THE RDO DATED 12.07.2010 EXT. P6 (c) : TRUE COPY OF THE REPRESENTATION FILED BY THE SECOND PETITIONER BEFORE THE RDO DATED 12.07.2010 EXT. P6 (d) : TRUE COPY OF THE REPRESENTATION FILED BY THE SECOND PETITIONER BEFORE THE RDO DATED 12.07.2010 EXT. P6 (e) : TRUE COPY OF THE REPRESENTATION FILED BY THE SECOND PETITIONER BEFORE THE RDO DATED 12.07.2010 EXT. P7 : TRUE COPY OF THE ORDER DATED 30.08.2010 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER EXT. P7 (a) : TRUE COPY OF THE ORDER DATED 30.08.2010 ISSUED BY THE 1ST RESPONDENT TO THE 3rd PETITIONER EXT. P7 (b) : TRUE COPY OF THE ORDER DATED 30.08.2010 ISSUED BY THE 1ST RESPONDENT TO THE 4th PETITIONER EXT. P7 (c) : TRUE COPY OF THE ORDER DATED 30.08.2010 ISSUED BY THE 1ST RESPONDENT TO THE 5th PETITIONER EXT. P7 (d) : TRUE COPY OF THE ORDER DATED 30.08.2010 ISSUED BY THE 1ST RESPONDENT TO THE 6th PETITIONER EXT. P8 : TRUE COPY OF THE DECISION REPORTED IN 2010 (2) KLT 61 EXT. P9 : TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK DETAILS PREPARED BY RESPONDENTS. /True copy/ P.A. to Judge P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 30289 OF 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of March, 2011 JUDGMENT The petitioners are stated as aggrieved of the steps being taken by the first respondent against the property of the petitioner, which according to him, does not come within the purview of the Kerala Conservation of Paddy and Wet land Act, 2008. The main prayer of the petitioners is to direct the first respondent to consider Ext. P6 to P6(e) representations preferred in this regard, after conducting a field verification and also considering Exts. P2 and P2(e) reports of the Village Officer. The petitioner has also produced Ext. P9, which is the relevant extract of data bank details prepared by the concerned respondent to show the nature of the property along with I.A. No. 4830 of 2011. 2. The learned counsel for the petitioner submits that, no action will lie under the above 'Act' merely for the reason that the property has been described as paddy land i.e 'nilam' and that the actual nature of the property has to be ascertained on a field verification, in view of the mandate given by this Court Shahanaz Shukkoor Vs. Chelannur Grama Panchayath (2009 (3) KLT 899) and also in view of the decision rendered W.P. (C) No. 30289 of 2010 2 by a Division Bench of this Court in Praveen Vs. Land Revenue Commissioner (2010 (2) KLT 617). 3. Heard the learned government Pleader as well. Considering the facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Exts. P6 to P6(e) representations preferred by the petitioners, after conducting a filed verification as aforesaid and also considering Exts. P2 to P2(e) and P9 and in the light of the decisions cited supra. This shall be done as expeditiously as possible, after giving an opportunity of hearing to the petitioner, at any rate within '8 weeks' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd