CHOONDAL GRAMA PANCHAYATH Vs. GOVT. OF KERALA

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: The petitioner is a panchayath in Thrissur District. The fifth respondent is having 38 cents of land in Cheranalloor village in Thalappilly taluk, within the Panchayath Area. The status of the property as per the revenue records is "Nilam" and the land has been utilized for agricultural purposes till the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The land is presently included in the data bank as Nilam by the LLMC headed by the fourth respondent. The attempt on the part of the fifth respondent to convert the land as a pucca dry land immediately on committing to force of the Act, was interdicted by the District Collector vide Exhibit P1 order. The property of the fifth respondent is situated next to the Chiranallurchira, which has been constructed with the fund of the Irrigation Department for the purpose of providing water to the agricultural lands. There is also a water channel, leading to Keecheripuzha passing through the property of the fifth respondent. If the fifth respondent fills up his land, it will certainly affect the flow of the water through the water channel. Without disclosing exhibit P1 order, the fifth respondent obtained an order from the government to consider his application under Clause 6(2) application by the RDO. The RDO inturn without conducting any further enquiry granted permission under clause 6(2) vide Exhibit P2 order. The said order was challenged by the panchayath on coming to know about the exhibit P2 order. The said appeal was dismissed by the land Revenue Commission without healing the panchayath. This Hon'ble Court vide Exhibit P4 judgment set aside the same and directed to reconsider the appeal of the petitioner. However, without calling for the records from the Agricultural Officer or from the Village office, the 2nd respondent again dismissed the appeal vide Exhibit P5 order. Petitioner challenged exhibit P5 order before the Government under clause 14 of the KLU Order and it is pending. It is in the light of the above averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers :

(2.) Heard Sri. Deepu Thanakan, learned counsel for the petitioner and Sri. K.J. Manu Raj, the learned Government Pleader appearing for the respondent 1 to 4. In the nature of the order proposed to be passed, notice to contesting respondent no.5 will stand dispensed with.

(3.) It is pointed out by the petitioner that being aggrieved by the Ext.P2 order dated 07.08.2015 issued by the 3 rd respondent-RDO/Sub Collector, Thrissur, the petitioner had filed appeal against the said order under Rule 11 of the KLU Order 1967, and the said appeal has been rejected as per Ext.P5 order dated 06.05.2020 issued by the 2nd respondent-Land Revenue Commissioner. Being further aggrieved by Ext.P5 appellate order petitioner now preferred Ext.P6 revision petition under Rule 14 of the KLU Order before the 1st respondent-Government, petitioner seeks for early consideration and disposal of Ext.P6 revision petition. It is stated that the petitioner herein is a Grama Panchayath and that final orders are required for finalization of the proceedings.