Bindu Sebastian vs Revenue Divisional Officer
2021 Latest Caselaw 1534 Ker

                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.997 OF 2021(Y)


PETITIONER/S:

                BINDU SEBASTIAN
                AGED 45 YEARS
                W/O. SEBASTIAN, THEKKUMTHODATH HOUSE, SOUTH CHITTOOR
                P.O, CHERANELLORE VILLAGE, ERNAKULAM DISTRICT, PIN-
                682 027

                BY ADVS.
                SRI.T.K.AJITHKUMAR (VALATH)
                SMT.ASWANI JYOTHY A.S.

RESPONDENT/S:

      1         REVENUE DIVISIONAL OFFICER
                FORT KOCHI, OFFICE OF THE REVENUE DIVISIONAL OFFICE,
                FORT KOCHI, PIN-682 001

      2         LOCAL LEVEL MONITORING COMMITTEE,
                CHERANELLORE GRAMA PANCHAYAT, REPRESENTED BY THE
                CONVENER/AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING
                COMMITTEE, CHERANELLOORE GRAMA PANCHAYAT, SOUTH
                CHITTOOR P.O, PIN-682 027


OTHER PRESENT:

                GP K J MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.997 OF 2021(Y)

                                     2




                             J U D G M E N T

The petitioner has preferred Ext.P5 application in Form 5

before the 1st 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 her 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 1 st

respondent to consider and pass orders on Ext.P5 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:

(i) The 1st 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 1st respondent shall pass orders on Ext.P5 WP(C).No.997 OF 2021(Y)

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 1 st respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.997 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 1739/2020 DATED 10.08.2020.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 14.8.2020 ISSUED BY VILLAGE OFFICER.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 22.12.2020 ISSUED BY AGRICULTURAL OFFICER

EXHIBIT P5 TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED NIL SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE FORWARDING NOTE DATED 7.1.2021 ISSUED FROM THE OFFICE OF 1ST RESPONDENT.