Nazeer Y vs State Of Kerala
2021 Latest Caselaw 4884 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                        WP(C).No.3431 OF 2021(D)


PETITIONER/S:

                NAZEER Y.
                AGED 49 YEARS
                S/O.FATHIMA KUNJU, RESIDING AT AMEENA MANZIL,
                NEDUMONKAVU P.O., KOLLAM - 691 509.

                BY ADVS.
                SMT.M.R.JAYALATHA
                SMT.K.VINAYA

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2         REVENUE DIVISIONAL OFFICER
                KALAYANAD, PUNALUR, PUNALLUR P.O., KOLLAM, PIN - 691
                331.

      3         THE TAHSILDAR, KAREEPRA VILLAGE
                KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691 305.

      4         THE VILLAGE OFFICER
                KAREEPRA VILLAGE, VELIYAM, THOLICODE P.O., KOLLAM
                DISTRICT, PIN - 691 505.

      5         AGRICULTURE OFFICER
                KRISHI BHAVAN, KAREEPRA VILLAGE, KOTTARAKKARA TALUK,
                KAREEPRA P.O., KOLLAM DISTRICT, PIN - 691 333.


OTHER PRESENT:

                GP PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3431 OF 2021(D)

                                      2



                                   JUDGMENT

The petitioner has preferred Ext.P4 application in Form 5 and Ext.P5

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 her 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 petitioner.

2. I have heard the learned counsel for the petitioner 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 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.P4 WP(C).No.3431 OF 2021(D)

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.P4 application, and based on the orders passed thereon, the 2nd respondent shall take up Ext.P5 application for consideration and pass orders thereon within a month from the date of passing orders on the Ext.P4 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 SJ WP(C).No.3431 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY.

EXHIBIT P2 A TRUE COPY OF THE DOCUMENT NO.2970/2008 DATED 22/12/2008 OF SRO EZHUKONE.

EXHIBIT P3 A TRUE COPY OF RELEVANT PAGE OF THE DATA BANK.

EXHIBIT P4 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 6/7/2020.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 20/1/2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE FORM 6 DATED 20/1/2021 APPLICATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE TREASURY CHALLAN RECEIPT DATED 20/1/2021 TO THE PETITIONER.