Kerala High Court
Mary Stephen vs State Of Kerala on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.3229 OF 2021(C)
PETITIONER:
MARY STEPHEN
AGED 65 YEARS
W/O. STEPHEN GEORGE, THATTASERIL HOUSE,
MAIKKAD P.O., ERNAKULAM DISTRICT, PIN-683 589.
BY ADV. SRI.AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNEMNT,
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, MAIKKAD P.O.,
ERNAKULAM DISTRICT, PIN-683 589.
3 AGRICULTURAL OFFICER
KRISHI BHAVAN, MAIKKAD P.O.,
ERNAKULAM DISTRICT, PIN-683 589.
4 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
PIN-682 001.
5 KERALA STATE REMOTE SENSING AND ENVIRONMENTAL CENTRE,
REPRESENTED BY ITS DIRECTOR, C BLOCK,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
BY ADV.SRI.S.VISHNU, SC
BY GOVERNMENT PLEADER SRI. A RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.3229/2021 :: 2 ::
JUDGMENT
The petitioner has preferred Ext.P6 application in Form 5
before the 4th 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
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 4th respondent to consider and pass orders on
Ext.P6 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:
W.P.(C).No.3229/2021 :: 3 ::
(i) The 4th 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
4th respondent shall pass orders on Ext.P6
application as above within an outer time limit of
three months from the date of receipt of a copy of
this judgment, after hearing the petitioner.
(ii) The petitioner shall produce a copy of the writ
petition along with a copy of this judgment before
the 4th respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/9.2.2021
W.P.(C).No.3229/2021 :: 4 ::
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK
REGISTER ISSUED BY THE AGRICULTURAL FILED
OFFICER SHOWING THE PETITIONER'S
PROPERTIES.
EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT,
DATED 14.6.2017.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC
NO.22933/2017 DATED 12.7.2017 OF THIS
HONOURABLE COURT.
EXHIBIT P4 A COPY OF THE LETTER DATED 29.8.2018 OF THE
5TH RESPONDENT ALONG WITH THE REPORT.
EXHIBIT P5 A TRUE COPY OF THE DECISION OF LLMC DATED
27.9.2018.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED
24.6.2019 FOR REMOVAL OF THE ENTRIES ABOUT
PETITIONER'S LAND FROM DATA BANK SUBMITTED
BEFORE 4TH RESPONDENT.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
