Shanmughadasan M.K vs Local Level Monitoring Committee
2021 Latest Caselaw 16749 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021/20TH SRAVANA, 1943
                    WP(C) NO. 16198 OF 2021


PETITIONER:

         SHANMUGHADASAN M.K.,
         S/O.GOVINDAN NAIR,
         AGED 67 YEARS, SREYAS,
         VINOBHA NAGAR, CHILAVANNOOR,
         KOCHI-682 020.

         BY ADV T.K.AJITHKUMAR (VALATH)


RESPONDENTS:

    1    LOCAL LEVEL MONITORING COMMITTEE,
         CHERANELLOOR GRAMA PANCHAYAT,
         SOUTH CHITTOOR P.O., PIN-682027,
         REPRESENTED BY THE AGRICULTURAL OFFICER,
         KRISHI BHAVAN, CHERANELLOOR,
         SOUTH CHITTOOR P.O., PIN-682027.

    2    AGRICULTURAL OFFICER/CONVENER,
         LOCAL LEVEL MONITORING COMMITTEE,
         CHERANELLOOR GRAMA PANCHAYAT,
         SOUTH CHITTOOR P.O., PIN-682 027.

         GOVT.PLEADER SRI HANIL KUMAR HARSHAN

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 11.08.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16198/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 11th day of August, 2021

In this writ petition, the petitioner seeks to direct the

1st respondent to consider Ext.P3 application submitted by the

petitioner and pass orders thereon within one month. The

petitioner further seeks to direct the 1 st respondent to allow

Ext.P3 and to remove the petitioner's property from Ext.P2

Data Bank.

2. By Ext.P1 sale deed, the petitioner purchased 2.43

Ares of property in Survey No.428/1 in Block No.4 of

Cheranelloor Village. The property is described as Paddy

Land in the Revenue records. According to the petitioner,

there is no paddy cultivation in the land for the last 20 years.

However, the petitioner's property is described as Paddy Land

and included in Ext.P2 Data Bank.

3. The petitioner's property is adjacent to a main

public road and surrounded by properties with buildings WP(C) No.16198/2021

thereon. The inclusion of the land in Data Bank is therefore

erroneous. The petitioner submitted Ext.P3 application to the

1st respondent as provided under Rule 4(6) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008

seeking to review the entries in the Data Bank. Ext.P3 was

submitted on 25.11.2017. Ext.P4 is the receipt of submission

of Ext.P3 application.

4. The petitioner would submit that as per an order

dated 20.01.1996, the Revenue Divisional Officer, under

Clause 6(2) of the Kerala Land Utilisation Order, had

permitted to convert the land for other purposes. The

petitioner contends that the incorrect entry of the land in the

Data Bank would create difficulties to the petitioner. The

petitioner is not able to obtain a building permit to construct

residential building due to the inclusion of the land in the Data

Bank.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents. WP(C) No.16198/2021

6. According to the petitioner, his land is not cultivated

with paddy for more than 20 years. The land was converted

much prior to 2008. Under Section 5(4)(i) of the Kerala

Conservation of Paddy Land and Wetland Act, 2008, the 1 st

respondent can include only cultivable paddy land in the Land

Data Bank. Under Section 2(xii) of the Kerala Conservation of

Paddy Land and Wetland Act, 2008, paddy land is defined to

include only lands cultivated with paddy at least once in a year

or suitable for paddy cultivation. According to the petitioner,

his property is not suitable for paddy cultivation.

In view of the statements made by the petitioner in

this writ petition, this Court is of the view that the application

submitted by the petitioner for removing his land from the Data

Bank is liable to be considered. The writ petition is therefore

disposed of directing the 1st respondent to consider and pass

orders on Ext.P3 application submitted by the petitioner within

a period of three months.

Sd/-

N. NAGARESH, JUDGE

aks/12.08.2021 WP(C) No.16198/2021

APPENDIX OF WP(C) 16198/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTO COPY OF THE SALE DEED NO.3960/2014.

Exhibit P2            TRUE PHOTO COPY OF THE RELEVANT PAGE OF
                      THE   DATA    BANK   PREPARED    BY   1ST
                      RESPONDENT.
Exhibit P3            TRUE PHOTO COPY OF THE APPLICATION DATED

NIL SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT.

Exhibit P4 THE TRUE PHOTO COPY OF THE RECEIPT DATED 25.11.2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE PHOTO COPY OF THE TAX RECEIPT DATED 25.8.2020.

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