Martin Varghese vs The District Collector
2021 Latest Caselaw 10104 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.3142 OF 2021(P)


PETITIONERS:

      1        MARTIN VARGHESE,
               S/O.M.T.VARGHESE, MELETH HOUSE, FLAT NO.703, SEIKEN
               EAST END, PONOTH ROAD, KALOOR P.O., KOCHI-682017.

      2        RISMA THOMAS,
               S/O.MARTIN VARGHESE, MELETH HOUSE, FLAT NO.703,
               SEIKEN EAST END, PONOTH ROAD, KALOOR P.O.,
               KOCHI-682017.

               BY ADVS.
               SRI.P.K.SOYUZ
               SRI.E.V.BABYCHAN

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               CIVIL STATION, KAKKANADU, ERNAKULAM, PIN-682030.

      2        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
               RDO OFFICE, FORT KOCHI, ERNAKULAM, PIN-682001.

      3        THE LOCAL LEVEL MONITORING COMMITTEE,
               CHERANLLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS
               CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,
               CHERANALOOR, SOUTH CHITTOOR P.O., KOCHI-682027.

      4        THE VILLAGE OFFICER,
               CHERANALLOOR VILLAGE, KANAYANOOR TALUK, CHITTOOR
               SOUTH P.O., ERNAKULAM, PIN-682027.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
               W. P. (C) No.3142 of 2021
          ==================
          Dated this the 25th day of March, 2021

                           JUDGMENT

Alleging violation of the provisions of the

Kerala Conservation of Paddy land and Wetland

Act(hereinafter referred to as "the Act"),

proceedings were initiated against the petitioners.

Ext.P3 is the report dated 11.03.2016 submitted

before the first respondent-District Collector by

the second respondent RDO.

2. According to the petitioners, the property

was not lying as paddy land or wetland at the time

of commencement of the Act and the property was

wrongly included in the data bank as paddy land.

The petitioners sought for removal of the property

from the data bank maintained under the Act. As

evidenced by Exts.P5 and P6, the property has been

excluded from the data bank. The petitioners

contend that in view of the exclusion of the

property from the data bank, the proceedings W. P. (C) No.3142 of 2021 :- 2 :-

initiated against them alleging violation of the

provisions of the Kerala Conservation of Paddy land

and Wetland Act are liable to be quashed.

3. Under Section 13 of the Act, the first

respondent is the authority competent to decide on

the issue. The petitioners shall be entitled to

place before the first respondent Exts.P5 and P6

orders evidencing exclusion of the property in

question from the data bank, and that the Act is

not attracted.

The writ petition is disposed of directing the

petitioners to approach the first respondent and

file their objections, and the first respondent

shall consider the objections of the petitioners in

the light of Exts.P5 and P6 referred to supra and

pass appropriate orders.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.3142 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 30.11.2015.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 24.08.2017.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.K2 9818/15 K.DIS DATED 11.03.2016 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 07.11.2017 IN WRIT PETITION (C)NO.35500 OF 2017.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING DATED 06.11.2020 OF THE 3RD RESPONDENT LLMC.

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER CHERANALLOOR DATED 16.01.2021.

-----