Tom Kuriakose vs State Of Kerala
2021 Latest Caselaw 10532 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.8194 OF 2021(Y)


PETITIONER/S:

                TOM KURIAKOSE, AGED 50 YEARS
                S/O. P. T. KURIAKOSE, PULIKOTTIL HOUSE, CHOONDAL P.
                O., THRISSUR DISTRICT, PIN - 680501., REPRESENTED BY
                HIS POWER OF ATTORNEY HOLDER, PAPACHAN M. A., AGED 67
                YEARS, MANALIL HOUSE, AKATHIYUR POST, THRISSUR - 680
                519.

                BY ADV. SRI.AVANEESH KOYIKKARA

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
                AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM - 695
                001.

      2         DISTRICT COLLECTOR
                COLLECTORATE, AYYANTHOLE, THRISSUR - 680 003.

      3         REVENUE DIVISIONAL OFFICER AND SUB COLLECTOR
                AYYANTHOLE, THRISSUR - 680 003.

      4         LOCAL LEVEL MONITORING COMMITTEE
                REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
                KRISHI BHAVAN, CHOONDAL P. O., THRISSUR DISTRICT,
                PIN - 680502.

      5         AGRICULTURAL OFFICER
                KRISHI BHAVAN, CHOONDAL P. O., THRISSUR DISTRICT,
                PIN - 680502.

      6         VILLAGE OFFICER
                CHIRANELLOOR, AYYAL -CHIRANALLUR GROUP VILLAGE
                OFFICE, CHIRANELLOOR, THRISSUR - 680 501.

                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.8194 OF 2021(Y)



                             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 4th 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'). Petitioner has submitted Ext P11 application before

the 3rd respondent seeking exclusion of his property from

the Data Bank. The petitioner also relies on Ext P8, 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 3 rd

respondent to consider Ext P11 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 of a copy of this

judgment.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.8194 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER DATED 14.02.2017.

EXHIBIT P2 A COPY OF RELEVANT PAGE OF DRAFT DATA BANK REGISTER.

EXHIBIT P3 A COPY OF APPLICATION DATED 04.03.2017 FILED BY THE PETITIONER TOWARDS THE CORRECTION OF DATA BANK REGISTER.

EXHIBIT P4 A COPY OF THE ORDER OF THE AGRICULTURE OFFICER DATED 28.02.2017.

EXHIBIT P5 A COPY OF THE JUDGMENT DATED 10.10.2017 IN WPC NO.9380/2017.

EXHIBIT P6 A COPY OF THE APPLICATION DATED 04.12.2017 SUBMITTED BEFORE THE LLMC FOR CORRECTION OF ENTRIES REGARDING THE PETITIONER'S PROPERTIES IN DATA BANK REGISTER.

EXHIBIT P7 A COPY OF THE LETTER DATED 04.06.2019 ALONG WITH THE REPORT OF LLMC, FORWARDED TO THE DISTRICT COLLECTOR.

EXHIBIT P8 A COPY OF THE KSREC REPORT ALONG WITH LETTER DATED 20.06.2017.

EXHIBIT P9 A COPY OF THE LETTER DATED 29.08.2018 OF THE AGRICULTURE OFFICE.

EXHIBIT P10 A COPY OF THE RELEVANT PAGES OF GAZETTE NOTIFICATION DATED 27.01.2021.

EXHIBIT P11 A COPY OF THE APPLICATION DATED 24.02.2021 SUBMITTED BEFORE THE RDO, THRISSUR FOR CORRECTION OF THE ENTRIES OF THE DATA BANK REGISTER.