IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17552 OF 2022
PETITIONER:
MATHEW KURIAN,
AGED 60 YEARS,
S/O MATHAI, MAZHUVANCHERY HOUSE,
CHITTETHUKARA, KAKKANADU P.O.,
ERNAKULAM, PIN - 682030.
BY ADV K.C.VINCENT
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI,
FORT KOCHI, ERNAKULAM,
PIN - 682001.
3 THE VILLAGE OFFICER,
VILLAGE OFFICE, MANAKUNNAM, UDAYAMPEROOR,
THRIPUNITHURA, ERNAKULAM,
PIN - 682307.
4 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,
VALIYAKULAM P.O., UDAYAMPEROOR, ERNAKULAM
PIN - 682307.
WP(C) NO. 17552 OF 2022 2
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN,
VALIYAKULAM P.O., UDAYAMPEROOR, ERNAKULAM,
PIN - 682307.
SRI.SYAMANTHAK B S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17552 OF 2022 3
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who holds 5.57 Ares of property in Manakunnam Village in Kanayannur Taluk, has approached this Court seeking to direct the 4th respondent-Local Level Monitoring Committee (LLMC) to finalise Ext.P2 application and to remove the land of the petitioner from the Data Bank. The petitioner also seeks to direct the 2nd respondent to process his application submitted under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, after obtaining orders on Ext.P2.
2. The petitioner states that he purchased land of 5.57 Ares in Re-survey No.209/1-2 and 4.10 Ares in 209/4 in Block No.19 of Manakunnam Village in Kanayannur Taluk. The land was erroneously included in the Data Bank as paddy land, In fact, when the petitioner purchased the land in the year 2008, the land was of the nature of garden land. The conversion of land, if any, took place WP(C) NO. 17552 OF 2022 4 much before the year 2008.
3. The petitioner submitted Ext.P2 application before the LLMC seeking to remove the land from the Data Bank. The petitioner has also obtained Ext.P3 Report from the Kerala State Remote Sensing and Environment Centre (KSRSEC). Thereafter, the petitioner submitted Ext.P4 application in Form 6 to the Revenue Divisional Officer (RDO). The applications of the petitioner are not being considered and disposed of. The delay in consideration and disposal of Exts.P2 and P4 causes undue hardships to the petitioner, contends the petitioner.
4. The learned Government Pleader representing the respondents resisted the writ petition. The learned Government Pleader pointed out that Ext.P2 application was submitted as early as in the year 2017. Without taking a decision on Ext.P2 application, the petitioner's Ext.P4 application for changing the nature of the land in Revenue records cannot be considered. Ext.P3-KSRSEC Report was not available when Ext.P2 application was made by the petitioner.
WP(C) NO. 17552 OF 2022 5
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The fact that the petitioner holds 5.57 Ares of land in Manakunnam Village in Kanayannur Taluk is not disputed. Ext.P1 is the Tax Receipt in proof of holding of the land by the petitioner. Ext.P2 is an application made invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner has produced Ext.P3 report of the KSRSEC, which would show that as per the toposheet of 1967, the survey plot 209/4 was observed as paddy land and the plot was observed under mixed vegetation/plantation since 2006.
7. In view of the facts of the case, this Court is of the view that the respondents are liable to consider the applications made by the petitioner in accordance with law.
In the circumstances, this writ petition is disposed of directing the 4th respondent to consider Ext.P2 application submitted by the petitioner and take a decision thereon within a period of six weeks. WP(C) NO. 17552 OF 2022 6 Once the 4th respondent takes a decision, the 2 nd respondent shall consider Ext.P4 application submitted by the petitioner for change of the nature of the land, based on the decision of the LLMC. The RDO, Fort Kochi shall take a decision on Ext.P4 within a period of four months from the date of receipt of the decision of the LLMC on Ext.P2 application.
Sd/-
N. NAGARESH, JUDGE DSV/01.06.2022 WP(C) NO. 17552 OF 2022 7 APPENDIX OF WP(C) 17552/2022 PETITIONER'S EXHIBITS:
ExhibitP1 A TRUE COPY OF THE TAX RECEIPT DATED 31.01.2022.
ExhibitP2 A TRUE COPY OF THE APPLICATION FILED BEFORE THE LLMC WITH RECEIPT DATED 23.09.2017.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE REPORT FROM KSRSEC DATED 30.12.2019.
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 21.05.2022 ALONGWITH RECEIPT FOR PAYMENT OF FEE.
RESPONDENTS' EXHIBITS: NIL