Shreegha vs Revenue Divisional Office, ...
2021 Latest Caselaw 15629 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
    TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                      WP(C) NO. 14916 OF 2021
PETITIONER:

              SHREEGHA,D/O RAJAN,AGED 31 YEARS, MALAPPURATH
              HOUSE, PARLIKADU P.O, PARLIKADU VILLAGE,
              THALAPPILLY TALUK, THRISSUR DISTRICT.

              BY ADV P.M.ZIRAJ



RESPONDENTS:

1             THE REVENUE DIVISIONAL OFFICER, THRISSUR,
              THRISSUR DISTRICT.

2             THE DISTRICT COLLECTOR, THRISSUR, CIVIL
              STATION, COLLECTORATE, THRISSUR DISTRICT,
              PIN 680001.

3             THE LOCAL LEVEL MONITORING COMMITTEE,
              WADAKKANCHERY MUNICIPALITY REPRESENTED BY ITS
              CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
              WADAKKANCHERRY, THRISSUR DISTRICT, PIN 680582.

4             AGRICULTURAL OFFICER, KRISHI BHAVAN,
              WADAKKANCHERRY, THRISSUR DISTRICT, PIN 680582.

5             THE DISTRICT LEVEL AUTHORISED COMMITTEE,
              THRISSUR DISTRICT REPRESENTED BY ITS CHAIRMAN,
              REVENUE DIVISIONAL OFFICER(RDO), THRISSUR,
              THRISSUR DISTRICT 680001.

              GP SRI.RAVI KRISHNAN


       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. 14916 OF 2021
                                    2

                             JUDGMENT

Dated this the 27th day of July 2021

Petitioner owns 2.02 Ares of property. The property

is included in the draft data bank maintained under the

Kerala Conservation of Paddyland and Wetland Act,

2008(for short, 'the Act'). According to the

petitioner, she is not possessed of any other property.

The application submitted by the petitioner before the

local authority for building permit, was rejected for

the reason that the property is included as paddy land

in the concerned records. In terms of Section 9 r/w Rule

5 of the Kerala Conservation of Paddyland and Wetland

Act and Rules, the District Level Authorised Committee

is competent to grant permission for filling up of paddy

land for the construction of residential building since

this is the only property possessed by the petitioner.

It is accordingly that the petitioner has submitted Ext

P6 application before the 3 rd respondent Local Level

Monitoring Committee, is the contention of the WP(C) NO. 14916 OF 2021

petitioner.

2. In terms of Section 9(8) of the Act, the

application is to be considered by the District Level

Authorised Committee on a recommendation by the Local

Level Monitoring Committee.

In view of the above, the writ petition is disposed

of directing the 3rd respondent Local Level Monitoring

Committee to look into Ext P6 application, conduct the

necessary enquiry and make appropriate recommendations

in terms of Section 9(8) to the District Level

Authorised Committee (5th respondent) within a period of

two months from the date of receipt of a copy of this

judgment. On receipt of such report, the District Level

Authorised Committee (5th respondent) shall take a

decision on the application within a period of one

month.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 14916 OF 2021

APPENDIX

EXT P1 TRUE COPY OF THE TAX RECEIPT DATED 17.08.2017 ISSUED BY THE VILLAGE OFFICER, PARLIKADU VILLAGE. EXT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF WADAKKANCHERY MUNICIPALITY REGARDING THE PROPERTY OF PETITIONER.

EXT P3 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF PETITIONER ISSUED BY THE VILLAGE OFFICER, PARLIKADU VILLAGE.

EXT P4 TRUE COPY OF THE COMMUNICATION WITHOUT DATE ISSUED BY THE ASSISTANT ENGINEER OF LOCAL SELF GOVERNMENT DEPARTMENT, ENGINEERING WING WADAKKANCHERY MUNICIPALITY.

EXT P5 TRUE COPY OF THE CERTIFICATE DATED 20.09.2017 ISSUED BY THE VILLAGE OFFICER, PARLIKADU VILLAGE STATING THAT THE PETITIONER OF HER FAMILY MEMBERS HAVE NO OTHER PROPERTY EXCEPT THE PROPERTY WHICH IS THE SUBJECT MATTER.

EXT P6 TRUE COPY OF THE APPLICATION 29.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITHOUT DOCUMENTS ALONG WITH ENDORSEMENT AND SEAL DATED 9.4.2021 TOWARDS PROOF OF RECEIPT OF APPLICATION.