Suresh vs District Collector
2021 Latest Caselaw 2231 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.24938 OF 2020(N)


PETITIONER/S:

                SURESH
                AGED 51 YEARS
                S/O. SHANKARAN, ECHERATH HOUSE, PUZHAKKAL, THRISSUR-
                680 553.

                BY ADVS.
                SRI.N.KRISHNA RAJA MAULI
                SMT.M.S.SHAMLA

RESPONDENT/S:

      1         DISTRICT COLLECTOR
                CIVIL STATION, THRISSUR-680 003.

      2         REVENUE DIVISIONAL OFFICER
                THRISSUR, THRISSUR-680 003.

      3         LOCAL LEVEL MONITORING COMMITTEE
                ADATH GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER,
                (AGRICULTURAL OFFICER, KRISHI BHAVAN, ADATH,
                THRISSUR-680 553)

      4         TAHASILDAR
                THRISSUR TALUK OFFICE, THRISSUR-680 020.

      5         VILLAGE OFFICER
                PUZHAKKAL VILLAGE OFFICE, THRISSUR-68553.

      6         STATE OF KERALA
                REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
                SECRETARIAT, THIRUVANANTHAPURAM-695 001.


OTHER PRESENT:

                GP: PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24938 OF 2020(N)

                                      2



                                  JUDGMENT

The petitioner has preferred Ext.P3 application before the 2 nd

respondent Revenue Divisional Officer in Form 6 of the Rules framed

under the Kerala Conservation of Paddy Land and Wet Land Act, 2008

[hereinafter referred to as the "2008 Act"] seeking conversion 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 2nd respondent to consider and pass orders on Ext.P3

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 2nd 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 conversion. 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 2nd respondent shall pass orders on Ext.P3 WP(C).No.24938 OF 2020(N)

application as above within an outer time limit of three months from the date of receipt of a copy of this judgment.

(ii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2 nd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.24938 OF 2020(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 25.6.2019.

EXHIBIT P2 TRUE COPY OF THE EXTRACT DATA BANK DATED 18.11.2017.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 1.10.2020 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE CHALLAN DATED 11.5.2020.