Jinu Paul vs State Of Kerala
2021 Latest Caselaw 10533 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.8185 OF 2021(W)


PETITIONER/S:

                JINU PAUL, AGED 45 YEARS
                S/O. A. C. PAULOSE, ARACKAL HOUSE, JOSPURAM,
                VAPALISSERY POST, ERNAKULAM DISTRICT, PIN - 683572,
                REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, P. C.
                PAULOSE, AGED 75 YEARS, S/O. CHACKUM ARACKAL HOUSE,
                JOSPURAM, VAPALISSERY POST, ERNAKULAM DISTRICT,
                PIN - 683572.

                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, NEDUMBASSERY, P. O.
                MEKKAD - 683 589.

      3         AGRICULTURAL OFFICER
                KRISHI BHAVAN, NEDUMBASSERY, P. O.
                MEKKAD - 683 589.

      4         REVENUE DIVISIONAL OFFICER
                REVENUE DIVISIONAL OFFICE, FORT KOCHI, FORT KOCHI P.
                O., ERNAKULAM DISTRICT, PIN - 682 001.

      5         KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
                1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
                UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
                THIRUVANANTHAPURAM DIST., PIN - 695 033.


                R1 TO R4 BY G.P SRI. PAUL ABRAHAM VAKKANAL
                R5 BY ADV. SRI.S.VISHNU, SC

     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.8185 OF 2021(W)




                             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'). Petitioner has submitted Ext P9 application before

the 4th respondent seeking exclusion of his property from the

Data Bank.

The writ petition is disposed of directing the 4 th

respondent to consider Ext P9 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.8185 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE RELEVANT PAGE OF DATA BANK REGISTER ISSUED BY THE 3RD RESPONDENT SHOWING SURVEY NO.102/3 PUBLISHED IN KERALA GAZETTE DATED 24.03.2012.

EXHIBIT P2 A COPY OF APPLICATION FILED BY THE PETITIONER TOWARDS THE CORRECTION OF DATA BANK REGISTER.

EXHIBIT P3 A COPY OF THE JUDGMENT DATED 23.11.2018 IN WPC NO.34691/2018.

EXHIBIT P4 A COPY OF THE LETTER DATED 14.12.2018 PRODUCING THE FMB TO THE AGRICULTURE OFFICER.

EXHIBIT P5 A COPY OF E-RECEIPT DATED 20.12.2018.

EXHIBIT P6 A COPY OF THE LETTER NO.NED/9/2019-20 DATED 01.10.2019 OF AGRICULTURE OFFICER, NEDUMBASSERY TO PETITIONER COMMUNICATING THE DECISION OF THE LLMC, TO NOT TO EXCLUDE THE PETITIONER'S PROPERTY FROM THE DATA BANK.

EXHIBIT P7 A COPY OF THE APPLICATION AS PER RIGHT TO INFORMATION ACT DATED 24.08.2019.

EXHIBIT P8 A COPY OF THE INFORMATION PROVIDED BY THE AGRICULTURE OFFICER AS PER LETTER NO.NED/22/19-20 DATED 04.10.2019.

EXHIBIT P9 A COPY OF THE APPLICATION DATED 04.12.2019 SUBMITTED BEFORE THE RDO FOR CORRECTION OF THE ENTRIES OF THE DATA BANK REGISTER.