Aji vs The District Collector
2021 Latest Caselaw 3964 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.2771 OF 2021(V)


PETITIONER/S:

                AJI,AGED 48 YEARS
                S/O UNNYATHI,AMBATTU HOUSE,
                THOTAKKATTUKARA,ALUVA WEST,
                ERNAKULAM-683108.

                BY ADV. SHRI.N.KRISHNA RAJA MAULI

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                CIVIL STATION,KAKKANADU,
                ERNAKULAM-682030.

      2         THE REVENUE DIVISIONAL OFFICER,
                FORT KOCHI,ERNAKULAM-682001.

      3         THE TAHSILDAR,
                PARAVOOR TALUK OFFICE,ERNAKULAM-683513.

      4         THE VILLAGE OFFICER,
                KODUNGALLOOR VILLAGE OFFICE,
                ERNAKULAM-683110.

      5         LOCAL LEVEL MONITORING COMMITTEE,
                REPRESENTED BY ITS CONVENER,
                (AGRICULTURAL OFFICER,KRISHIBHAVAN,
                KADUNGALLOOR.)680664.


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.2771 OF 2021(V)                   2




                                     JUDGMENT

The petitioner has preferred Ext.P3 application in Form 5 and Ext.P4

application in Form 6 before the 2 nd respondent under the Rules framed under the

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

to as the "2008 Act"] seeking exclusion of his land from the Land Data Bank on the

ground that it is not a paddy land and, for conversion of the nature of the land.

The limited prayer in the writ petition is for a direction to the 2nd respondent to

consider and pass orders on both applications, 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 exclusion. 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) Immediately after passing orders on Ext.P3 application, and based on the orders passed thereon, the 2nd respondent shall take up Ext.P4 application for consideration and pass orders thereon within a month from the date of passing orders on the Ext.P3 application. In either event, the orders shall be passed by the 2 nd respondent only after hearing the petitioner.

(iii) 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 14.10.2020

EXHIBIT P2 TRUE COPY OF THE PUBLISHED DATA BANK.

EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 11.11.2020

EXHIBIT P4 TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER DATED 27.11.2020

EXHIBIT P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 05.11.2020.