Kerala High Court
Ramakrishnan.M vs State Of Kerala on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 14622 OF 2021
PETITIONER:
RAMAKRISHNAN.M., AGED 61 YEARS, S/O KUNHAMBU,
LEELA NIVAS, MAICHA, CHERUVATHOOR. KASARAGOD
DISTRICT.
BY ADVS.
M.SASINDRAN
V.VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF AGRICULTURE
DEVELOPMENT AND FARMERS WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
2 THE REVENUE DIVISIONAL OFFICER/THE SUB
COLLECTOR, KANHANGAD, KASARAGOD DISTRICT,
PIN-671 315.
3 THE VILLAGE OFFICER, CHERUVATHOOR, KASARAGOD
DISTRICT, PIN 671 313.
4 LOCAL LEVEL MONITORING COMMITTEE OF CHERUVATHOOR
GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, CHERUVATHOOR, KASARAGOD
DISTRICT, PIN 671 313.
5 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
CHERUVATHOOR, KASARAGOD DISTRICT, PIN 671 313.
GP SRI. RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.14622/2021
2
Sathish Ninan, J.
==============================
W.P.(C) No.14622 of 2021
==========================
Dated this the 23rd day of July, 2021
JUDGMENT
The writ petition is filed challenging Ext P6
order passed by the 2 nd respondent rejecting his
application seeking deletion of his property from the
data bank maintained under the Kerala Conservation of
Paddyland and Wetland Act.
2. Ext P6 order refers to the report of the
Agricultural Officer which formed the basis for the
order. The petitioner seeks for an opportunity to
have the issue reconsidered on obtaining a report
from the Kerala State Remote Sensing Centre. I am of
the opinion that an opportunity could be granted to
the petitioner, especially when the mode as sought
for by the petitioner is one provided for under the
Kerala Conservation of Paddyland and Wetland Act.
In the result, Ext P6 order dated 23.07.2020 of
the 2nd respondent is quashed. The 2nd respondent
shall pass fresh orders on the Form No.5 application
W.P(C) No.14622/2021
submitted by the petitioner, on obtaining the
relevant reports from the Kerala State Remote Sensing
Centre and pass fresh orders after hearing the
petitioner and on consideration of the entire
materials. Needless to say that the petitioner will
be required to pay the necessary fee for the process.
The writ petition is allowed as above.
Sd/-
Sathish Ninan, Judge
vdv
W.P(C) No.14622/2021
APPENDIX
EXT P1 TRUE COPY OF THE SALE DEED NO.794/1980 OF
TRIKARIPUR SRO DATED 19.03.1980.
EXT P2 TRUE COPY OF THE PROCEEDINGS NO.E.3153/06 DATED
16.04.2007 OF THE REVENUE DIVISIONAL OFFICER,
KASARAGOD.
EXT P3 TRUE COPY OF THE SALE DEED NO.1555/2008 DATED
10.04.2008 OF TRIKARIPUR SRO.
EXT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERUVATHUR
VIDE NO.KBCHR 30/2021-22 DATED 09.07.2021.
EXT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER,
2ND RESPONDENT HEREIN DATED 30.10.2019.
EXT P6 TRUE COPY OF THE PROCEEDINGS NO.F.3941/2019/K/DIS
DATED 23.07.2020 OF THE REVENUE DIVISIONAL OFFICER
THE 2ND RESPONDENT.
EXT P7 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S
PROPERTY COVERED BY EXHIBIT P1 AND EXHIBIT P3 IN
RESPECT OF R.S. NO.53/7 OF CHERUVATHOOR VILLAGE.
EXT P7(a) TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S
PROPERTY COVERED BY EXHIBIT P1 AND EXHIBIT P3 IN
RESPECT OF R.S. NO.53/7 OF CHERUVATHOOR VILLAGE.
EXT P7(b) TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S
PROPERTY COVERED BY EXHIBIT P1 AND EXHIBIT P3 IN
RESPECT OF R.S. NO.53/7 OF CHERUVATHOOR VILLAGE.
EXT P7(c) TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S
PROPERTY COVERED BY EXHIBIT P1 AND EXHIBIT P3 IN
RESPECT OF R.S. NO.53/7 OF CHERUVATHOOR VILLAGE.
