Leela Chacko vs State Of Kerala
2021 Latest Caselaw 2064 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.1323 OF 2021(M)


PETITIONER:

               LEELA CHACKO
               AGED 59 YEARS
               W/O C.P.CHACKO, CHELLATTU HOUSE, VADAKKUMBHAGOM,
               KOTTAPPADY POST, ERNAKULAM DIST, PIN-686 692.

               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,
               MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA-
               686 673.

       4       AGRICULTURAL OFFICER,
               KRISHI BHAVAN, KOTHAMANGALAM, KOTHAMANGALAM POST,
               ERNAKULAM DIST, PIN-683 572.

       5       LOCAL LEVEL MONITORING COMMITTEE,
               KOTHAMANGALAM GRAMA PANCHAYAT, REPRESENTED BY ITS
               CONVENER (AGRICULTURAL OFFICER), KRISHI BHAVAN,
               KOTHAMANGALAM ,KOTHAMANGALAM POST, ERNAKULAM DIST, PIN-
               683 572.

               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.1323 of 2021               2




                               JUDGMENT

The petitioner has preferred Ext.P2 application before the 5 th

respondent seeking an exclusion of her land from the Draft Land Data

Bank prepared for the purposes of the Kerala Conservation of Paddy

Land and WetLand Act, 2008 [hereinafter referred to as the "2008 Act"].

The limited prayer in the writ petition is for a direction to the 5 th

respondent to consider and pass orders on the same, 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 5th respondent shall consider and pass orders on Ext.P2 application within three months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that if the proposal of the 5 th respondent is to reject the request of the petitioner, then he 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.

(ii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 5th 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 PAGE OF THE DRAFT DATA BANK ISSUED BY THE 5TH RESPONDENT

EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FOR REMOVAL OF THE ENTRIES ABOUT PETITIONERS LAND FROM DRAFT DATA BANK SENT BY POST ON 16.12.2020 TO THE 5TH RESPONDENT ALONG WITH ITS POSTAL DELIVERY ACKNOWLEDGMENT

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE