Mercy C.D vs Local Level Monitoring Committee

Kerala High Court

Mercy C.D vs Local Level Monitoring Committee on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                     WP(C) NO. 10475 OF 2017
PETITIONER:

         MERCY C.D
         D/O.DEVASSY, AGED 57 YEARS,CHIRIYANKANDATH HOUSE,
         THIRUTHIPARAMBU DESOM,MUNDATHICODE P.O., TALAPPILLY
         TALUK,THRISSUR DISTRICT - 680 601.
         BY ADVS.
         SRI.SHOBY K.FRANCIS
         SMT.AGI SHOBY


RESPONDENTS:

    1    LOCAL LEVEL MONITORING COMMITTEE
         (LLMC OF WADAKANCHERY MUNICIPALITY),
         REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
         KRISHI BHAVAN,MUNDATHICODE P.O.,
         THRISSUR DISTRICT,PIN - 680 601.
    2    AGRICULTURAL OFFICER
         AGRICULTURAL OFFICER, MUNDATHICODE KRISHI
         BHAVAN,MUNDATHICODE P.O., ARAYAMPADAM,
         THRISSUR DISTRICT - 680 601.
    3    VILLAGE OFFICER
         MINALOOR VILLAGE OFFICE,PERINGANDOOR-MINALUR GROUP
         VILLAGE,PERINGANDOOR P.O., T
         HRISSUR DISTRICT - 680 581.
    4    STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
         GOVT.,AGRICULTURAL DEPARTMENT, GOVT.
         SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
    5    DIRECTOR
         KERALA STATE REMOTE SENSING & ENVIRONMENT
         CENTRE(KSRSEC), 'C' BLOCK, VIKAS
         BHAVAN,THIRUVANANTHAPURAM - 695 033.
         SRI.RIYAL DEVASSY, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.10475/2017
                              ..2..



                 P.V.KUNHIKRISHNAN, JUDGE
            =========================
                 W.P(C) No.10475 of 2017
           ==========================
            Dated this the 21st day of May, 2024

                         JUDGMENT

The above writ petition is filed with following prayers:

"(I). Issue a Writ of mandamus directing the respondents to delete or exclude petitioner's property having a total extent of 33 cents of land (13.35 Ares) situated in Re- Survey No. 17/7 (Old Survey 183 & 184) of Minaloor village from the Exhibits P-4 Data Bank.

(II). Issue a writ of mandamus directing 5th respondent to report the true lie and nature of the petitioner's property covered by Exhibit P-1 to P-4 with the assistance of satellite image and file a report before this Hon'ble court as expeditiously as possible.

(III). Issue a writ of mandamus directing the respondents to publish a corrected draft data bank or notified data bank correcting the Exhibit P4 Data Bank in accordance with the actual physical nature of the petitioner's property as on the date of introduction of Kerala Conservation of Paddy and Wet Land Act, 2008 and its Rules with in a time limit based on the report of the 5th respondent to that effect.

(IV). Issue a writ of mandamus directing the Revenue authorities to correct the BTR relevant revenue records also and receive basic tax for the Exhibit P-1 properties in accordance with the reassessment under Kerala Land Tax Act. (V). Declare that petitioner's property as covered by Exhibit P-1 to P- 4 is not a paddy or wetland as prescribed in the Kerala Conservation of Paddy WP(C)No.10475/2017 ..3..

Land and Wet Land Act, 2008 and Rules and the declare that the same is a garden land / Dry land. (VI). Issue such other relief this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."(sic)

2. The main prayer in this writ petition is to issue direction to the respondents to delete petitioner's property from Ext.P4 Data Bank. The petitioner has got remedy as per Kerala Conservation of Paddy Land and Wet Land Act, 2008.

Granting liberty to the petitioner to approach the competent authority in accordance to law, this writ petition is disposed of.

To facilitate the petitioner to do the needful, the proceedings if any against the property of the petitioner as per Kerala Conservation of Paddy Land and Wet Land Act, 2008, shall be deferred for a period of one month.

But I make it clear that, the nature of the property shall not be changed by the petitioner during the above period.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR WP(C)No.10475/2017 ..4..

APPENDIX OF WP(C) 10475/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTERED THEER DEED 05.2.1974 HAVING NO.231/1974 OF SRO WADAKANCHERY.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 01.3.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE BTR DATED 07.3.2017 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK DATED NIL ISSUED BY THE 2ND RESPONDENT.