Noufal New Kannambath vs The Revenue Divisional Officer
2021 Latest Caselaw 15047 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943
                      WP(C) NO. 3941 OF 2021


PETITIONER:

         NOUFAL NEW KANNAMBATH,
         S/O.ALI IBRAHAM, AGED 46,
         SUROOR HOUSE, PERINGADY,
         CHOKLY VILLAGE, THALASSERY,
         KANNUR DT., PIN -673 312.

         BY ADV P.SHEEBA


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER,
         THALASSERY - 670 101.

    2    THE AGRICULTURAL OFFICER,
         KRISHI BHAVAN, CHOKLY,
         CHOKLY P.O., KANNUR DT. - 670 671.

    3    THE VILLAGE OFFICER,
         CHOKLY VILLAGE, CHOKLY P.O.,
         KANNUR DT. - 670 671.

         GOVERNMENT PLEADER SRI MANU RAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.3941/2021

                                  2



                           JUDGMENT

Dated this the 16th day of July, 2021

The petitioner who is owner of 30.41 Ares of land in

Olavilam Desom, Chokly Village, Thalassery Taluk is

aggrieved by the order passed by the 1st respondent

rejecting the application of the petitioner for exclusion of

land from Data Bank.

2. The petitioner submitted Ext.P1 application

invoking Rule 4D of the Kerala Conservation of Paddy Land

and Wet Land Rules, 2008 seeking to delete the particulars

of his land from the Data Bank. The petitioner states that

the petitioner had remitted the requisite amount for making

available satellite photographs in respect of the land, to

arrive at an appropriate conclusion on the nature of the land.

However, the Local Level Monitoring Committee has given

an adverse report against the petitioner based on which the

Sub Collector has passed Ext.P7 order rejecting the WP(C)No.3941/2021

application submitted by the petitioner. Ext.P7 is therefore

illegal and unsustainable, contended the learned counsel for

the petitioner.

3. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing

the respondents.

4. The submission of Ext.P1 application by the

petitioner invoking Rule 4D of the Rules, 2008 is not in

dispute. Ext.P3 communication issued by the Agricultural

Officer would show that the Agricultural Officer has insisted

on the necessity to examine satellite pictures. Ext.P5 would

show that requisite fee for obtaining satellite photographs

were remitted. Nevertheless, a perusal of Ext.P7 order

would show that the satellite pictures in respect of the land

in question have not been considered. From Ext.P8, it is

evident that the Kerala State Remote Sensing and

Environment Centre made available the satellite pictures

only on 16.03.2020 subsequent to Ext.P7 order. WP(C)No.3941/2021

5. This Court feels that deciding the issue without

the aid of scientific data as contemplated by the Kerala

Conservation of Paddy Land and Wet Land Act and Rules,

would be unjustifiable.

6. In the circumstances, the 1st respondent is

directed to reconsider Ext.P1 application submitted by the

petitioner afresh in the light of the satellite photographs

made available by the Kerala State Remote Sensing and

Environment Centre as per Ext.P8. To enable the 1 st

respondent to consider the issue independently in the light

of Ext.P8 communication, Ext.P7 order is set aside. Fresh

orders shall be passed by the 1 st respondent on the

application submitted by the petitioner within a period of two

months.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/16.07.2021 WP(C)No.3941/2021

APPENDIX OF WP(C) 3941/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE APPLICATION DATED 4/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN FORM 5 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES.

EXHIBIT P2 COPY OF COMMUNICATION ISSUED BY THE 1ST RESPONDENT NO.E.C.K-425/2019 DATED 7/11/2019 TO THE 2ND RESPONDENT.

EXHIBIT P3 COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 29/1/2020.

EXHIBIT P4 COPY OF THE COMMUNICATION DATED 6/2/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P5 COPY OF THE COMMUNICATIONS NO.KBC.20/2019-20 DATED 12/2/2020 FROM THE SECOND RESPONDENT TO DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENTAL CENTRE.

EXHIBIT P6 COPY OF THE COMMUNICATION NO.KBC.20/2019-20 DATED 21/2/2020 SENT BY THE 2ND RESPONDENT ALONG WITH A COPY OF THE REPORT OF THE LLMC FORWARDED TO THE 1ST RESPONDENT.

EXHIBIT P7          COPY OF THE ORDER NO.RDOTLY/353/2020-K
                    DATED   12/3/2020    ISSUED   BY  THE   1ST
                    RESPONDENT.
EXHIBIT P8          COPY     OF     THE     REPORT     NO.A-172
                    2015/KSREC/003640/20     DATED    16/3/2020

FORWARDED BY THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE TO THE 2ND RESPONDENT.