Kavitha M.S vs State Of Kerala
2021 Latest Caselaw 1338 Ker

                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.941 OF 2021(P)


PETITIONERS:

       1       KAVITHA M.S.
               AGED 50 YEARS
               W/O. C. M. KUNJUMUHAMMUDUNNY, CHENNAMPILLY HOUSE,
               MAVELIPURAM PLOT NO.254, KAKKANADU P. O.,
               ERNAKULAM - 682 030.

       2       MONIS C. K.
               AGED 27 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 ,
               GOVERNMENT 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.941/2021              :: 2 ::




                              JUDGMENT

The petitioners have preferred Ext.P6 and Ext.P7

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.941/2021 :: 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.P6 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.P6 application, and based on the orders passed thereon, the 3rd respondent shall take up Ext.P7 application for consideration and pass orders thereon within a month from the date of passing orders on the Ext.P6 application. In either event, the orders shall be passed by the 3rd respondent only after hearing the petitioners.

W.P.(C).No.941/2021 :: 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 W.P.(C).No.941/2021 :: 5 ::

APPENDIX

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2098/2014 OF THRIKKAKARA SUB REGISTRAR OFFICE.

EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK.

EXHIBIT P3 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 11.12.2013 TO THE MANAGER, HDFC BANK, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 5.8.2015 AND ITS RENEWAL ORDER

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 24.08.2017 ISSUED TO THE 1ST PETITIONER BY OFFICE OF THE KRISHI BHAVAN, THRIKKAKARA.

EXHIBIT P6 TRUE COPY OF FORM 5 APPLICATION DATED 3.12.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF FORM 6 APPLICATION DATED 3.12.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF POSTAL RECEIPT DATED 7.12.2020.

RESPONDENTS EXHIBITS:           NIL.




                           //TRUE COPY//


                           P.S. TO JUDGE