Muhammed Thaslim vs Pradesikathala Nireekshana ...
2021 Latest Caselaw 15628 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                      WP(C) NO. 1586 OF 2021
PETITIONER:

          MUHAMMED THASLIM,
          AGED 32 YEARS,
          PANEKKERI HOUSE,
          UDYOGAMANDAL P.O, ELOOR NORTH, PIN-683 501,
          ERNAKULAM DISTRICT KERALA,
          (REPRESENTED BY HIS FATHER SAIDU MOHAMMED,
          POWER OF ATTORNEY HOLDER).

          BY ADV ANANDAN PILLAI


RESPONDENTS:

    1     PRADESIKATHALA NIREEKSHANA SAMITHI
          (LOCAL OBSERVATION FORUM)AND KRISHI OFFICER
          (AGRICULTURAL OFFICER, KRISHI BHAVAN), ELOOR,
          REPRESENTED BY ITS CONVENER ELOOR NORTH,
          PIN-683 501, ERNAKULAM (DIST.) KERALA.
    2     VILLAGE OFFICER,
          ELOOR, PIN-683 501
 ADDL.3   STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
 ADDL.4   THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE,
          FORT KOCHI-682 001.
 ADDL.5   THE AGRICULTURAL OFFICER,
          AGRICULTURAL OFFICE, ELOOR - 683 501.

          [ADDL.R3 TO R5 ARE IMPLEADED AS PER ORDER DATED
          07.07.2021 IN I.A.1/2021 IN WP(C)1586/2021.]

          GOVERNMENT PLEADER SMT.G.RANJITA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.1586/2021

                                  2




                           JUDGMENT

Dated this the 27th day of July, 2021

The petitioner, owner of One Are, 98 Square meters

of land in Eloor Village of North Paravoor Taluk has filed this

writ petition aggrieved by Ext.P7 report of the Convener, Local

Level Monitoring Committee.

2. The petitioner submitted Ext.P3 application invoking

Rule 4(d) of the Kerala Conservation of Paddy Land and

Wetland Rules, 2008 seeking to remove his land comprised in

Survey No.224/7/A from the Data Bank. The Local Level

Monitoring Committee inspected the site and advised against

application of the petitioner as per Ext.P7. The adverse advice

was on the ground that the land in question of the petitioner is

lying adjacent to a paddy land and the petitioner could not WP(C).No.1586/2021

prove that the land was converted prior to the year 2008.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

4. A perusal of Ext.P7 report of the Local Level

Monitoring Committee would show that the application

submitted by the petitioner was rejected on the ground that the

land is situated adjacent to a paddy land and since the

petitioner could not prove that the land was converted prior to

2008. Ext.P4 is a Report on Land Use Change prepared by

the Director, Kerala State Remote Sensing & Environment

Centre. Ext.P4 report concludes that the plot was observed

under fallow land in 2007 Data and the same land use pattern

with mixed vegetation/plantation towards the eastern part of

the plot was observed in the data of the year 2009, 2015 and

2018.

5. This conclusion of the Director, KSRSEC is a

material evidence, which the Local Level Monitoring WP(C).No.1586/2021

Committee has not taken into consideration. Atleast Ext.P7

proceedings does not reflect the consideration of Ext.P4

report. In the circumstances, it will be only just and proper that

the 1st respondent is directed to reconsider the issue in the

light of Ext.P4 report.

6. Accordingly, Ext.P7 proceedings of the 1 st

respondent is set aside. The 1st respondent is directed to

reconsider Ext.P3 application submitted by the petitioner in the

light of Ext.P4 Report on Land Use Change given by the

Director, KSRSEC. Fresh order on Ext.P3 application should

be passed within a period of two months.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.1586/2021

APPENDIX OF WP(C) 1586/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE TITLE DEED NO.

2837/14 OF ALANGAD SUB REGISTRY WITH THANDAPER NO. 14598.

EXHIBIT P2 A TRUE COPY OF THE LEASE DEED DATED 12.10.2020.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 03.03.2020 BEFORE THE 1ST RESPONDENT IN FORM NO.5 REQUESTING TO AMEND THE DETAILS OF THE DATA BANK AND TO DELETE HIS PLOT FROM IT.

EXHIBIT P4 A TRUE COPY OF THE FIGURES SEND BY DIRECTOR DATED 26.02.2007, 28.03.2009, O6.01.2015 AND 15.12.2018.

EXHIBIT P5 A TRUE COPY OF THE LOCATION PLAN DATED 07.01.2020 ISSUED BY THE VILLAGE OFFICER.

EXHIBIT P6 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 03.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF REJECTED APPLICATION DATED 23.02.2020.