Rema Menon vs Local Level Monitoring Committee
2021 Latest Caselaw 14336 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                             WP(C) NO. 13405 OF 2021
PETITIONER:

              REMA MENON
              AGED 61 YEARS
              W/O BHASKARAN, PARIYANGHAT HOUSE, KUMARAMPUTHUR,
              MANNARKKAD, PALAKKAD DISTRICT, PIN - 678583.

              BY ADVS.
              JACOB SEBASTIAN
              K.V.WINSTON



RESPONDENTS:

     1        LOCAL LEVEL MONITORING COMMITTEE
              FOR KUMARAMPUTHUR PANCHAYATH, TIRUR TALUK CONSTITUTED
              UNDER THE CONSERVATION OF PADDY AND WETLAND ACT,
              REPRESENTED BY ITS CONVENOR, KUMARAMPUTHUR, MANNARKKAD
              TALUK, PALAKKAD DISTRICT PIN 678583.

     2        THE VILLAGE OFFICER, KUMARAMPUTHUR, MANNARKKAD TALUK,
              PALAKKAD DISTRICT, PIN - 678583.

   *3         DISTRICT COLLECTOR, PALAKKAD.

*[DISTRICT COLLECTOR, PALAKKAD, IS SUO MOTU IMPLEADED IN THIS WRIT
PETITION AS ADDL. THIRD RESPONDENT VIDE ORDERS OF THIS COURT DATED
08.07.2021]

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                 W. P. (C) No.13405 of 2021
             ==================
              Dated this the 8th day of July, 2021

                         JUDGMENT

The petitioner has approached this Court

aggrieved by Ext.P4 stop memo issued by the second respondent under Section 12(2)(b) of the Kerala

Conservation of Paddy land and Wetland Act

(hereinafter referred to as "the Act").

2. According to the petitioner, 26.32 Ares of

property belonging to her situated in Sy. No.17/1

of Kumaramputhur village, though a dry land, has

been erroneously included in the Data Bank

maintained under the Act as wet land. There is no

paddy cultivation in the property for more than 40

years. The property is being cultivated with banana

and other intermediary crops. A portion of the

property has been leased out to one Alias Mathew

who is running a small scale agricultural nursery.

The usage of the land in question is confined to

such cultivation and for the purpose of the

agricultural nursery. None of the provisions of the W. P. (C) No.13405 of 2021

Act have been violated, contends the petitioner.

3. In terms of Section 13 of the Act, the

District Collector is the competent authority to

decide on the issue. District Collector has to

decide as to whether there has been any violation

of the statute.

Accordingly the writ petition is disposed of

directing the second respondent-Village Officer to

forward the reports to the third respondent-

District Collector forthwith, and the third

respondent shall, put the petitioner on notice,

afford her sufficient opportunity to put forth her

contentions, and pass appropriate orders. Let the

same be done within a period of two months from the

date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 13405 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 A TRUE COPY OF THE BASIC TAX PAID RECEIPT RELATING TO THE PLOT DATED 24.06.21.

EXT.P2 A TRUE COPY OF THE PLAINT IN OS 220/16 OF THE COURT OF MUNSIFF OF MANNARKKAD DATED 23.11.2016.

EXT.P3 A TRUE COPY OF THE COMMISSIONER'S REPORT IN OS 220/16 OF THE COURT OF THE MUNSIFF OF MANNARKKAD DATED 06.12.16.

EXT.P4 A TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 10.06.21.

EXT.P5 A TRUE COPY OF THE REPLY DATED 01.07.2021 SUBMITTED BY THE PETITIONER IN RESPONSE TO EXT.P4.

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