Kerala High Court
James K.V vs The District Collector on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 04TH DAY OF FEBRUARY 2021/15TH MAGHA,1942
W.P(C).No.2892 OF 2021(J)
PETITIONERS:
1 JAMES K.V.
AGED 53 YEARS, S/O PAULO,
KOOTTUNGAL HOUSE, THEKKUMBHAGOM,
ERNAKULAM-683571.
2 VALSA PAULO
AGED 51 YEARS, W/O JAMES K V,
KOOTTUNGAL HOUSE, THEKKUMBHAGOM,
ERNAKULAM-683571.
BY ADV. SHRI.N.KRISHNA RAJA MAULI
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAM, ERNAKULAM-682030.
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, ERNAKULAM-682001.
3 THE TAHASILDAR
ALUVA TALUK OFFICE, ERNAKULAM-683101.
4 THE VILLAGE OFFICER
THEKKUMBHAGOM VILLAGE OFFICE, ERNAKULAM-690524.
5 LOCAL LEVEL MONITORING COMMITTEE
CHOWARA GRAMAPANCHAYATH, REPRESENTED BY ITS CONVENER,
(AGRICULTURAL OFFICER, KRISHIBHAVAN,
CHOWARA), ERNAKULAM DISTRICT - 683571.
BY SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.2892/2021 :: 2 ::
JUDGMENT
The petitioners have preferred Ext.P3 and Ext.P4
applications before the 2nd respondent under the Rules framed
under the Kerala Conservation of Paddy Land and Wetland Act,
2008 [hereinafter referred to as the "2008 Act"] seeking
exclusion of their land from the Land Data Bank on the ground
that it is not a paddy land and, for a permission for utilisation of
the land for non-agricultural purposes. The limited prayer in
the writ petition is for a direction to the 2 nd respondent to
consider and pass orders on both applications, expeditiously,
after hearing the petitioners.
2. I have heard the learned counsel for the petitioners as
also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the
cases as also the submissions made across the bar, I deem it
W.P.(C).No.2892/2021 :: 3 ::
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 Ext.P3
application. In either event, the orders shall be
passed by the 2nd respondent only after hearing the
petitioners.
W.P.(C).No.2892/2021 :: 4 ::
(iii) The petitioners shall produce a copy of the writ
petition along with a copy of this judgment before
the 2nd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/5/2/2021
W.P.(C).No.2892/2021 :: 5 ::
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF
THE PROPERTY DATED 19/06/2020.
EXHIBIT P2 TRUE COPY OF THE EXTRACT DATA BANK.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER IN FORM 5 DATED 30.09.2020.
EXHIBIT P4 TRUE COPY OF THE FROM 6 APPLICATION
27/11/2020 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT
OF STATUTORY FEE DATED 17/09/2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
