C.J.Shaju vs The Revenue Divisional Officer
2021 Latest Caselaw 23845 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943

                        WP(C) NO. 25694 OF 2021

PETITIONER/S:

           C.J.SHAJU
           AGED 53 YEARS
           S/O. JOSE, CHITTILAPPILLY HOUSE, PUTTINGAL TEMPLE ROAD,
           IRINJALAKUDA, THRISSUR DISTRICT.
           BY ADVS.
           V.M.KRISHNAKUMAR
           P.R.REENA
           P.S.SIDHARTHAN
           MAYA M.


RESPONDENT/S:

     1     THE REVENUE DIVISIONAL OFFICER,
           OFFICE OF THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,
           THRISSUR DISTRICT, PIN-680 121.
     2     LOCAL LEVEL MONITORING COMMITTEE
           REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
           POOMANGALAM KRISHI BHAVAN, POOMANGALAM P.O., THRISSUR
           DISTRICT, PIN-680 688.
           SRI. RIYAL DEVASSY, GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 25694/2021            :2:




             Dated this the 4th day of December, 2021.

                           JUDGMENT

The petitioner is the owner in possession of an extent of 24.52

Ares of property situated in Survey No. 495 of Manavalassery Village,

Thrissur District.

2. According to the petitioner, even though the property is

remaining as a dry land, it is included in the data bank constituted as

per the provisions of the Kerala Conservation of Paddy Land and

Wetland Act, 2008 ('Act, 2008' for short). Earlier, petitioner has

approached this Court by filing W.P.(C) No. 17556 of 2018, which was

disposed of as per Ext. P4 judgment dated 25 th June, 2018 directing

the Local Level Monitoring Committee to consider the application within

three months from the date of receipt of a copy of this judgment.

Later, the application was submitted in the prescribed format before

the Local Level Monitoring Committee.

3. But, fact remains, consequent to the amendment of Act,

2008, on and with effect from 03.12.2017, once the property is

included in the data bank, application for removal of the property has

to be considered by the Revenue Divisional Officer concerned.

4. In that view of the matter, I am of the considered opinion

that the writ petition can be disposed of with appropriate directions.

Therefore, the writ petition is disposed of directing the second

respondent i.e., the Local Level Monitoring Committee, represented by

its Convener, Agricultural Office, Poomangalam Krishi Bhavan, Thrissur,

to transmit the application to the Revenue Divisional Officer,

Irinjalakuda within two weeks from the date of receipt of a copy of this

judgment. The Revenue Divisional Officer, on receipt of the said

application, shall consider the same at the earliest possible and at any

rate within three months thereafter.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 25694/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO PETITIONER'S PROPERTY DATED 4.2.2017. Exhibit P2 PHOTOGRAPHS SHOWING PETITIONER'S PROPERTY. Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.17556/2018 DATED 25.6.2018.

Exhibit P5 TRUE COPY OF THE REPORT OF THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE ALONG WITH COVERING LETTER DATED 17.2.2020.

Exhibit P6 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN FORM NO.7.

Exhibit P7 TRUE COPY OF THE CHALAN RECEIPT DATED 25.1.2021.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv