Kerala High Court
Reghu Ramachandran vs State Of Kerala on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.778 OF 2021(V)
PETITIONER:
REGHU RAMACHANDRAN
AGED 45 YEARS
S/O.RAMACHANDRA MENON,
BANK HOUSE, CHITTOOR ROAD,
KOCHI-682 035.
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 VILLAGE OFFICER,
EDAPPALLY SOUTH VILLAGE OFFICE,
ERNAKULAM-682 024.
BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.778 of 2021 2
JUDGMENT
The petitioner has preferred Ext.P3 and Ext.P4 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 his 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
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:
(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 3 rd respondent shall
pass orders on Ext.P3 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.P3
application, and based on the orders passed
thereon, the 3rd respondent shall take up Ext.P4
application for consideration and pass orders
thereon within a month from the date of passing
orders on the Ext.P3 application. In either event,
the orders shall be passed by the 3 rd 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 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/14.01.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2734/2008
OF EDAPPALLY SUB REGISTRAR OFFICE DATED
16.06.2008.
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
DATA BANK DATED NIL.
EXHIBIT P3 RUE COPY OF FORM 5 APPLICATION DATED
11.12.2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF FORM 6 APPLICATION DATED
11.12.2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF POSTAL RECEIPT DATED
14.12.2020.
EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD
EVIDENCING RECEIPT OF EXHIBIT P3 AND P4
BY THE 3RD RESPONDENT DATED 15.12.2020.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
