Renny P.Kadavunkal vs State Of Kerala
2021 Latest Caselaw 2060 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

  TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                     WP(C).No.1333 OF 2021(N)


PETITIONER:

               RENNY P.KADAVUNKAL
               AGED 51 YEARS
               S/O K.P.PAUL (LATE), KADUVANKUL HOUSE, AMICHAKARY,
               CHAMPAKKULAM, ALAPPUZHA DIST, PIN-688 505.

               BY ADV. SRI.AVANEESH KOYIKKARA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, AGRICULTURE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM DIST, PIN-695 001.

      2        THE DIRECTOR,
               KERALA STATE REMOTE SENSING AND ENVIRONMENT
               CENTER, 1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE
               ASSEMBLY,UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
               PMG, THIRUVANANTHAPURAM DIST, PIN-695 033.

      3        THE REVENUE DIVISIONAL OFFICER,
               ALAPPUZHA, REVENUE DIVISIONAL OFFICE, OPPO
               DISTRICT COURT COMPLEX, SH 40, THONDANKULANGARA,
               ALAPPUZHA-688 013.

      4        LOCAL LEVEL MONITORING COMMITTEE,
               CHAMPAKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS
               CONVENER (AGRICULTURAL OFFICER) KRISHI BHAVAN,
               CHAMPAKULAM, MANCOMBU, THEKKEKKARA P.O .ALAPPUZHA
               DIST, PIN-688 503.

      5        AGRICULTURAL OFFICER,
               KRISHI BHAVAN, CHAMPAKULAM, MANCOMBU, THEKKEKKARA
               P.O.ALAPPUZHA DIST, PIN-688 503.

               BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.1333 of 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 3 rd 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:

(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.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

mns/19.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED IN KERALA GAZETTE DATED 24.3.2012 ISSUED BY THE 6TH RESPONDENT

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 14.12.2020 FOR THE REMOVAL OF THE ENTRIES ABOUT PETITIONERS LAND FROM DATA BANK SUBMITTED BEFORE 3RD RESPONDENT ALONG WITH ITS POSTAL DELIVERY ACKNOWLEDGMENT

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE