P.Premi vs The Local Level Monitoring ...
2021 Latest Caselaw 17363 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                  WP(C) NO. 13739 OF 2017
PETITIONER/S:

         P.PREMI
         AGED 64 YEARS
         W/O. LAKSHMANAN, C/O. VIMALA P.,THULASI NIVAS,
         NITTADUKKAM,KANHANGAD, NOW RESIDING AT NEAR
         SANTHIPRABHA,P.O. AROLI, KANNUR DISTRICT.

         BY ADVS.
         SRI.P.U.SHAILAJAN
         SMT.D.N.NISHANI
         SRI.M.SURESH KUMAR
         SRI.V.SREEJITH K13982000



RESPONDENT/S:

    1     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER,THE AGRICULTURAL
          OFFICER,HOSDURG PANCHAYATH, P.O. HOSDURG,KASARGOD
          DISTRICT-671 121.

    2     THE REVENUE DIVISIONAL OFFICER
          KANHANGAD-671 315.

    3     THE DISTRICT COLLECTOR
          KASARGOD-671 121.

    4     DISTRICT LEVEL AUTHORISED COMMITTEE
          REPRESENTED BY PRINCIPAL AGRICULTURAL
          OFFICER,KADARAGOD-671 121.

    5     AHALAYA. P
          ARAVINDAM, PAZHANTHOTTATHU,NITTADUKKAM, P.O.
          KANHANGAD,KASARAGOD DISTRICT. 671 315.
 WP(C) NO. 13739 OF 2017
                                -2-




OTHER PRESENT:

            SNR. GP. SRI.JUSTIN JACOB


    THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   25.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13739 OF 2017
                               -3-




                          JUDGMENT

The petitioner challenged Ext.P7, an order issued

under Section 13 of the Kerala Conservation of Paddy Land

and Wetland Act, 2008, by which there is a direction to reclaim

the property to its original state on the footing that the

petitioners property in re-survey no. 148/7 of Hosdurg Amsom,

Desom falls in the date bank under the paddy and wet land.

This Court, by interim order dated 12.4.2017 directed the 1 st

respondent, Local Level Monitoring Committee, to file a report

with regard to the nature and lie of the property in question on

the date of coming into force of the Kerala Conservation of

Paddy Land and Wetland Act, 2008, indicating the present

state. There was a further interim direction staying the

operation of Ext.P7 to the extent it directed the petitioner to

restore the property to its original state. No report as directed

in the interim order is been filed by the 1 st respondent. The

petitioner has filed I.A.No.1 of 2021 with a prayer to receive

the documents produced therein as Exts.P9 and P10. Ext.P10 WP(C) NO. 13739 OF 2017

is an application made before the first respondent on

18.11.2020 to delete the petitioner's property from the data

bank maintained under the provisions of the Act. The petitioner

prays for a direction to consider Ext.P10 within a reasonable

time. I find the request of the petitioner reasonable.

Accordingly, there will be a direction to consider

Ext.P10 by the 1st respondent, after affording an opportunity of

hearing to the petitioner to substantiate her contentions. Such

orders on Ext.P10 may be made within a period of three

months from today. Till such a decision is taken and

communicated to the petitioner, the direction in Ext.P7 to

restore the property to its original state shall not be enforced.

This writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE STK WP(C) NO. 13739 OF 2017

APPENDIX OF WP(C) 13739/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PARTITION DEED NO.6491/1997 DATED 25.4.1997 OF HOSDURG SUB REGISTRAR OFFICE.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 20.2.2014 FROM THE KANHANGAD MUNICIPALITY.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT DATED 19.4.2014.

EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY VILLAGE OFFICER BEFORE THE 2ND RESPONDENT ON 22.3.2014.

EXHIBIT P5 TRUE COPY OF THE REPORT OF REVENUE DIVISIONAL OFFICER/SUB COLLECTOR DATED 5.3.2016.

EXHIBIT P6 TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 25.04.2016.

EXHIBIT P7 TRUE COPY OF ORDER DATED 30.1.2017 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF APPLICATION DATED 13.2.2017 GIVEN BY PETITIONER TO THE DISTRICT COLLECTOR THROUGH THE TAHSILDAR.