Bhargavi vs The District Collector
2021 Latest Caselaw 3960 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                        WP(C).No.2780 OF 2021(V)


PETITIONER/S:

                BHARGAVI,AGED 58 YEARS
                W/O SUKUMARAN, THOPPIL HOUSE
                KUTTICHIRA, THRISSUR-680 724.

                BY ADVS.
                SHRI.N.KRISHNA RAJA MAULI
                SMT.N.G.ANITHA

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                FIRST FLOOR, CIVIL STATION
                AYYANTHOLE, THRISSUR-680 003.

      2         THE REVENUE DIVISIONAL OFFICER,
                REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEXE,
                IRINJALAKUDA-681 125.

      3         THE TAHASILDAR,
                THIRD FLOOR, MUNICIPAL TOWN HALL COMPLEX, MAIN ROAD,
                CHALAKUDY-680 307.

      4         THE VILLAGE OFFICER,
                KUTTICHIRA, CHALAKKUDY, THRISSUR, KERALA-680 721.

      5         LOCAL LEVEL MONITORING COMMITTEE,
                REPRESENTED BY ITS CONVENER, (AGRICULTURAL OFFICER,
                KRISHI BHAVAN, KODASSERY, KERALAA-680 721)


OTHER PRESENT:

                GP:SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2780 OF 2021(V)                   2




                                    JUDGMENT

The petitioner has preferred Ext.P3 application before the 2 nd respondent

Revenue Divisional Officer in Form 6 under the Rules framed under the Kerala

Conservation of Paddy Land and Wet Land Act, 2008 [hereinafter referred to as

the "2008 Act"] seeking conversion of her land from the Land Data Bank on the

ground that it is not a paddy land. The limited prayer in the writ petition is for a

direction to the 2nd respondent to consider and pass orders on Ext.P3 application,

expeditiously, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned

Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the cases as also

the submissions made across the bar, I deem it appropriate to dispose the writ

petition with the following directions:

(i) The 2nd respondent shall call for a report from the Local Level Monitoring Committee [LLMC], and then take a decision either to exclude the land from the Land Data Bank prepared for the area or to reject the request for such conversion. In the latter event, before taking the decision, the RDO shall also consider the report of the Kerala State Remote Sensing and Environment Center [KSREC] based on satellite image studies of the land in question. The 2nd respondent shall pass orders on Ext.P3

application as above within an outer time limit of three months from the date of receipt of a copy of this judgment.

(ii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2 nd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 25.6.2020

EXHIBIT P2 TRUE COPY OF THE EXTRACT DATA BANK

EXHIBIT P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 9.12.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 23.11.2020