Kerala High Court
Jayapalan vs The Revenue Divisional Officer ... on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.2240 OF 2021(D)
PETITIONER/S:
JAYAPALAN,AGED 40 YEARS
S/O.THANKAVELU, POOLAKKULAM HOUSE
POLPULLY P.O., PALAKKAD DISTRICT - 678552
BY ADVS.
SRI.JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD
OFFICE OF THE REVENUE DIVISIONAL OFFICER
PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER, POLPULLY VILLAGE
PALAKKAD DISTRICT- 678 552
3 THE AGRICULTURAL OFFICER FOR THE POLPULLY PANCHAYAT
PALAKKAD DISTRICT, PIN - 678552
4 THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
POLPULLY PANCHAYAT CONSTITUTED UNDER THE
CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, POLPULLY PANCHAYAT, PALAKKAD DISTRICT
PIN - 678552
OTHER PRESENT:
GP: SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2240 OF 2021(D) 2
JUDGMENT
The petitioner has preferred Exts.P2 and Ext.P3 applications before the 1 st
respondent under the Rules framed under the Kerala Conservation of Paddy Land
and Wet Land 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 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 1 st respondent to
consider and pass orders on both applications, expeditiously, after hearing the
petitioner.
2. I have heard the learned counsel for the petitioner as also the learned
Government Pleader for the respondents.
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 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 1st 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.
(ii) Immediately after passing orders on Ext.P2
application, and based on the orders passed thereon, the
1st respondent shall take up Ext.P3 application for
consideration and pass orders thereon within a month from
the date of passing orders on the Ext.P2 application. In
either event, the orders shall be passed by the 1 st
respondent only after hearing the petitioner.
(iii) 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
sd
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1 COPY OF THE LAND TAX RECEIPT NO.KL09050503847/2019
DATED 02.09.2019 ISSUED BY THE VILLAGE OFFICER,
POLPULLY VILLAGE, PALAKKAD TALUK & DISTRICT
EXT.P2 COPY OF THE APPLICATION DATED 23.12.2020 SUBMITTED BY
THE PETITIONER BEFORE THE FIRST RESPONDENT U/S.5(4)(i)
OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND
ACT, 2008, SEEKING TO REMOVE THE PROPERTY FROM THE
LAND DATA BANK FOR THE POLPULLY PANCHAYAT, PALAKKAD
DISTRICT
EXT.P3 COPY OF THE APPLICATION DATED 23.12.2020 SUBMITTED BY
THE PETITIONER BEFORE THE FIRST RESPONDENT U/S 27(A)
OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT,
