Chakkappan E.K vs State Of Kerala
2021 Latest Caselaw 10526 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                        WP(C).No.8232 OF 2021(D)


PETITIONER/S:

                CHAKKAPPAN E.K.,
                AGED 75 YEARS
                S/O.KOCHUVAREETH (LATE), ELEVETHINKAL HOUSE,
                CHERUVALOOR P.O., THRISSUR DISTRICT, PIN-680308.

                BY ADV. SRI.AVANEESH KOYIKKARA

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
                AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2         LOCAL LEVEL MONITORING COMMITTEE,
                REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
                KRISHI BHAVAN, KORATTY P.O., THRISSUR DISTRICT, PIN-
                680309.

      3         AGRICULTURAL OFFICER,
                KRISHI BHAVAN, KRISHI BHAVAN, KORATTY P.O., THRISSUR
                DISTRICT, PIN-680309.

      4         REVENUE DIVISIONAL OFFICER,
                MINI CIVIL STATION, CHEMMANDA ROAD, IRINJALAKUDA-
                680125.

      5         KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
                REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS BHAVAN,
                NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA
                SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM
                DISTRICT, PIN-695033.

                BY G.P SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8232 OF 2021(D)

                                       2




                                 JUDGMENT

Dated this the 29th day of March 2021

The request of the petitioner to exclude the property of

the petitioner from the draft Data Bank was rejected by the

2nd respondent local level monitoring committee. The

petitioner contends that the property in question was

converted much prior to the commencement of the Kerala

Conservation of Paddyland and Wetland Act (in short, 'the

Act') and that there are trees more than 15 years standing

in the property. Petitioner has submitted Ext P5

application before the 4th respondent seeking exclusion of

his property from the Data Bank. The petitioner also relies

on Ext P4, the report of the Kerala State Remote Sensing

and Environment Centre regarding the nature of the

property.

The writ petition is disposed of directing the 4 th WP(C).No.8232 OF 2021(D)

respondent to consider Ext P5 application and pass

appropriate orders on obtaining and verifying the necessary

reports, including that from the KSREC, and pass

appropriate orders. Let orders be passed within a period

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

judgment.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.8232 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE RELEVANT PAGE OF DATA BANK REGISTER ISSUED BY THE AGRICULTURAL FILED OFFICER.

EXHIBIT P2 A COPY OF THE APPLICATION IN THE PRESCRIBED FORM.

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF DECISION OF 2ND RESPONDENT DATED 06.07.2017.

EXHIBIT P4 A COPY OF THE KSREC REPORT NO.A-

172/2015/KSREC.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 04.03.2021 FOR REMOVAL OF THE ENTRIES ABOUT PETITIONER'S LAND FROM DATA BANK SUBMITTED BEFORE 4TH RESPONDENT ALONG WITH THE POSTAL ACKNOWLEDGMENT CARD.