Kerala High Court
Monis C.K vs State Of Kerala on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 13TH DAY OF JANUARY 2021/23TH POUSHA, 1942
W.P(C).No.865 OF 2021(G)
PETITIONERS:
1 MONIS C.K.,
AGED 27 YEARS
S/O.C.M.KUNJUMUHAMMUDUNNY, CHENNAMPILLY HOUSE,
MAVELIPURAM PLOT NO.254, KAKKANADU P.O.,
ERNAKULAM - 682 030.
2 ANEES C.K.
AGED 24 YEARS
S/O.C.M.KUNJUMUHAMMUDUNNY, CHENNAMPILLY
HOUSE,MAVELIPURAM PLOT NO.254, KAKKANADU P.O,
ERNAKULAM - 682 030.
BY ADVS.SRI.THOMAS JOHN AMBOOKEN
SRI.B.SAJEEV KUMAR
SMT.BLOSSOM MATHEW
SRI.RENJIT JOHN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682 030.
3 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, KOCHI - 682 001.
4 THE TAHSILDAR, KANAYANNUR TALUK OFFICE
ERNAKULAM - 682 312.
5 THE VILLAGE OFFICER
KAKKANADU VILLAGE OFFICE, ERNAKULAM - 682 030.
BY SRI.K.J.MANURAJ, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.865/2021 :: 2 ::
JUDGMENT
The petitioners have preferred Ext.P5 and Ext.P6
applications before the 3rd 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 3 rd 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.
3. On a consideration of the facts and circumstances of
the cases as also the submissions made across the bar, I deem
W.P.(C).No.865/2021 :: 3 ::
it appropriate to dispose the writ petition with the following
directions:
(i) The 3rd 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
3rd respondent shall pass orders on Ext.P5
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.P5
application, and based on the orders passed thereon,
the 3rd respondent shall take up Ext.P6 application
for consideration and pass orders thereon within a
month from the date of passing orders on the Ext.P5
application. In either event, the orders shall be
passed by the 3rd respondent only after hearing the
petitioners.
W.P.(C).No.865/2021 :: 4 ::
(iii) The petitioners shall produce a copy of the writ
petition along with a copy of this judgment before
the 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/13/1/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2013/2019 OF
THRIKKAKARA SUB REGISTRAR OFFICE.
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA
BANK.
EXHIBIT P3 TRUE COPY OF LETTER OF THE 4TH RESPONDENT DATED
11/12/2013 TO THE MANAGER, HDFC BANK,
ERNAKULAM.
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 25/08/2017
ISSUED TO THE PREDECESSOR/VENDOR BY OFFICE OF
THE KRISHI BHAVAN, THRIKKAKARA.
EXHIBIT P5 TRUE COPY OF FORM 5 APPLICATION DATED
03/12/2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF FORM 6 APPLICATION DATED
03/12/2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF POSTAL RECEIPT DATED 07/12/2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
