Kerala High Court
M/S.Ananthapuri Traders Pvt. Ltd vs State Of Kerala on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 11TH DAY OF FEBRUARY 2021/22ND MAGHA,1942
W.P(C).No.3516 OF 2021(L)
PETITIONER:
M/S.ANANTHAPURI TRADERS PVT. LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
SUDHEER SUKUMARAN, AGED 54 YEARS,
S/O.SUKUMARAN.P,NRA-E-39,ASWATHY,
CKHERUVAIKKAL,SREEKARIAM.P.O,
THIRUVANANTHAPURAM- 695017.
BY ADVS.SMT.K.VINAYA
SMT.M.R.JAYALATHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
THIRUVANANTHAPURAM DISTRICT-695001.
3 THE VILLAGE OFFICER,
ATTIPRA VILLAGE OFFICE,THIRUVANANTHAPURAM,
KERALA-695011.
4 AGRICULTURE OFFICER,
KRISHI BHAVAN,ATTIPRA VILLAGE OFFICE,
KULATHOOR,THIRUVANANTHAPURAM DISTRICT-695582.
5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
REPRESENTED BY ITS DIRECTOR,VIKAS BHAVAN,1ST
FLOOR,THIRUVANANTHAPURAM DISTRICT-695033.
BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER
SRI.S.VISHNU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.3516/2021 :: 2 ::
JUDGMENT
The petitioner has preferred Ext.P2 application in Form 5
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
his 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.P2 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.
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.3516/2021 :: 3 ::
(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.P2
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 2nd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/11/2/2021
W.P.(C).No.3516/2021 :: 4 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE TITLE DEED BEARING
NO.390/2019 DATED 11.2.2019
EXHIBIT P2 A TRUE COPY OF THE APPLICATION IN FORM 5
APPLICATION DATED 1.2.2021.
EXHIBIT P3 A TRUE COPY OF THE REJECTION ORDER ISSUED
BY RDO DATED 13.10.2020
EXHIBIT P4 A TRUE COPY OF THE BASIC TAX RECEIPT DATED
23.6.2020 ISSUED TO THE PETITIONER.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
