Kerala High Court
Alibava Haji 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
WP(C).No.920 OF 2021(L)
PETITIONER:
ALIBAVA HAJI
AGED 72 YEARS
S/O. ALAVI HAJI, RESIDING AT CHANDAPARAMBIL HOUSE,
KALADY P.O, PONNANI, MALAPPURAM DISTRICT, CHARIMAN,
MALABAR EDUCATION AND CHARITABLE TRUST, KALADY P.O,
PONNANI, MALAPPURAM DISTRICT.
BY ADV. SRI.P.T.SHEEJISH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF LAND REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM DISTRICT,
PIN - 676504.
3 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
MALAPPURAM DISTRICT, PIN - 676101.
4 TAHSILDAR,
TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT, PIN - 676101.
5 THE VILLAGE OFFICER,
VATTAMKULLAM VILLAGE OFFICE, PONNANI, MALAPPURAM
DISTRICT, PIN - 676105.
6 DISTRICT AGRICULTURAL OFFICER,
CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, 2ND FLOOR,
B3 BLOCK, CIVIL STATION ROAD, UP HILL, MALAPPURAM,
KERALA - 676505.
BY SRI.A.RAVIKRISHNAN, 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.920/2021 :: 2 ::
JUDGMENT
The petitioner has preferred Ext.P2 application in Form 5
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
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 3rd 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.
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.920/2021 :: 3 ::
(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.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 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/13/1/2021
W.P.(C).No.920/2021 :: 4 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE IN
RE-SURVEY NO. 74/1-6 OF VATTAMKULLAM
VILLAGE, PONNANI, MALAPPURAM DISTRICT DATED
26.04.2019, ISSUE TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF FORM 5 APPLICATION FILED BY
THE PETITIONER BEFORE 4TH RESPONDENT ON
02.11.2020.
EXHIBIT P3 THE TRUE COPY OF THE POSTAL RECEIPT OF THE
FORM 5 APPLICATION FILED BY THE PETITIONER
BEFORE 4TH RESPONDENT DATED 02.11.2020.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
