Saly Simson vs Local Level Monitoring Committee ...
2021 Latest Caselaw 2682 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                        WP(C).No.1825 OF 2021(C)


PETITIONER/S:

                SALY SIMSON
                AGED 23 YEARS
                D/O.SIMSON, KUTTIKKATT HOUSE, VELUR P.O., THRISSUR
                DT. - 680 601.

                BY ADV. SRI.SHOBY K.FRANCIS

RESPONDENT/S:

      1         LOCAL LEVEL MONITORING COMMITTEE OF VELUR GRAMA
                PANCHAYATH
                REPRESENTED BY ITS CONVENER AND AGRICULTURAL OFFICER,
                KRISHI BHAVAN, VELUR P.O., THRISSUR DISTRICT - 680
                601.

      2         CONVENER AND AGRICULTURAL OFFICER
                (LOCAL LEVEL MONITORING COMMITTEE OF VELUR GRAMA
                PANCHAYATH), KRISHI BHAVAN, VELUR P.O., THRISSUR
                DISTRICT - 680 601.

      3         REVENUE DIVISIONAL OFFICER
                OFFICE OF THE RDO, THRISSUR - 680 003.

      4         VELUR GRAMA PANCHAYATH
                REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
                VELUR P.O., THRISSUR DT. - 680 601.

      5         SECRETARY, VELUR GRAMA PANCHAYATH
                VELUR P.O., THRISSUR DT. - 680 601.


OTHER PRESENT:

                GP PAUL ABRAHAM VAKKANAL, SC M PREMCHAND

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1825 OF 2021(C)

                                          2




                                     JUDGMENT

The petitioner has preferred Ext.P5 application before the 1 st 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 1st 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 1st respondent shall consider and pass orders on Ext.P5 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 1 st respondent is to reject the request of the petitioner, then it 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.

WP(C).No.1825 OF 2021(C)

(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.1825 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19/6/2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY 5TH RESPONDENT DATED 18/8/2020.

EXHIBIT P3 TRUE COPY OF LOCATION SKETCH DATED 1/7/2019 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF INTIMATION DATED 12/2/2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 30/12/2020 SUBMITTED BY THE PETITIONER IN FORM NO.5 UNDER SEC. 27A OF THE KERALA CONSERVATION OF PADDY AND WET LAND ACT, 2008 AND UNDER RULE 4 TO CORRECT THE DRAFT DATA BANK AND TO EXCLUDE THE PROPERTY FROM THE DRAFT DATA BANK.(12).

EXHIBIT P6 TRUE COPY OF RELEVANT PAGE OF THE DRAFT DATA BANK DATED NIL ISSUED BY THE 2ND RESPONDENT.