Devayani vs The District Collector
2021 Latest Caselaw 2252 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.1552 OF 2021(T)


PETITIONER/S:

                DEVAYANI,AGED 67 YEARS
                W/O. BALAN, KATTUKANDATHIL HOUSE
                KODASSERY (PO), THRISSUR-680721.

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

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                THRISSUR, THRISSUR-680003.

      2         THE REVENUE DIVISIONAL OFFICER,
                IRINJALAKKUDA, THRISSUR-680125.

      3         THE TAHASILDAR,
                CHALAKKUDY, THRISSUR-680307.

      4         THE VILLAGE OFFICER,
                KODASSERY VILLAGE OFFICE, THRISSUR-680721.

      5         LOCAL LEVEL MONITORING COMMITTEE,
                KODASSERY PANCHAYAT, REPRESENTED BY ITS CONVENER,
                (AGRICULTURAL OFFICER, KRISHI BHAVAN, KODASSERY),
                THRISSUR-680721.


OTHER PRESENT:

                GP : SRI.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.1552 OF 2021(T)                  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 permission for utilisation of her land for non-agricultural

purposes. The limited prayer in the writ petition is for a direction to the 2 nd

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 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 2nd 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) The petitioners 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

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE ABOVE PROPERTY DATED 12.11.2020.

EXHIBIT P2 TRUE COPY OF THE EXTRACT DRAFT DATA BANK.

EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 9.12.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P3(A) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 9.12.2020.

EXHIBIT P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 23.11.2020.