Unnikrishnan.M. vs The State Of Kerala
2021 Latest Caselaw 3337 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.2364 OF 2021(U)

PETITIONER:
              UNNIKRISHNAN.M.,AGED 37 YEARS
              S/O. MADHAVAN, VALLUVAKUNDU, KIZHAKKEMURI,
              ELAVANCHERY, PALAKKAD DISTRICT 678 508

              BY ADVS.
              SRI.K.R.ARUN KRISHNAN
              SMT.DEEPA K.RADHAKRISHNAN

RESPONDENTS:
       1     THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM 695 001

      2       THE DT. COLLECTOR,
              OFFICE OF THE DT. COLLECTOR, DT. DT. COLLECTOR,
              PALAKKAD 678 001

      3       THE REVENUE DIVISIONAL OFFICER,
              PALAKKAD OFFICE OF REVENUE DIVISIONAL OFFICER,
              PALAKKAD 678 001

      4       THE CONVENOR,
              LOCAL LEVEL MONITORING COMMITTEE, ELAVANCHERY
              PANCHAYATH, PALAKKAD DISTRICT 678 508

      5       PRINCIPAL AGRICULTURAL OFFICER,
              KRISHI BHAVAN, ELAVANCHERY, PALAKKAD 678 508

      6       KERALA STATE REVENUE SENSING AND ENVIRONMENT CENTRE,
              DEPARTMENT OF PLANNING AND AFFAIRS, , GOVERNMENT OF
              KERALA, VIKAS BHAVANA, THIRUVANANTHAPURAM 695 033
              REPRESENTED BY ITS DIRECTOR.

              BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C).No.2364/2021               :: 2 ::




                           JUDGMENT

The petitioner has preferred Ext.P6 application in Form 5

before the 3rd respondent under the Rules framed under the

Kerala Conservation of Paddy Land and WetLand 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. The limited prayer in the writ petition is for a

direction to the 3rd respondent to consider and pass orders on

Ext.P6 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:

W.P.(C).No.2364/2021 :: 3 ::

(i) The 3rd 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 3rd respondent shall pass orders on Ext.P6 application as above within an outer time limit of three months from the date of receipt of a copy of this judgment, after hearing the petitioner.

(ii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 3rd respondent, for further action.

Sd/-

                          A.K.JAYASANKARAN NAMBIAR
                                      JUDGE


mns
        W.P.(C).No.2364/2021         :: 4 ::




                                 APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1        A TRUE COPY OF SALE DEED      IN   THE   NAME   OF   THE
                  PETITIONER DATED 17-03-2018

EXHIBIT P2        A TRUE COPY OF POSSESSION CERTIFICATE DATED 27-12-


EXHIBIT P3        A TRUE COPY OF LOCATION CERTIFICATE DATED 27-12-2019

EXHIBIT P4        A TRUE COPY OF LOCATION SKETCH OF THE PROPERTY OF
                  THE PETITIONER

EXHIBIT P5        A TRUE COPY OF THE TAX RECEIPT DATED 27-12-2019 IN
                  THE NAME OF PETITIONER.

EXHIBIT P6        A TRUE COPY OF THE APPLICATION SUBMITTED BY THE

PETITIONER TO THE 3RD RESPONDENT DATED 03-03-2020

EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 03-03-2020

EXHIBIT P8 A TRUE COPY OF COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 06-10-2020

EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED IN KERALA GAZETTE DATED 24-03-2012 ISSUED BY THE 5TH RESPONDENT W.P.(C).No.2364/2021 :: 5 ::

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE