Noorjahan vs Local Level Monitoring Committee
2021 Latest Caselaw 10724 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                        WP(C).No.8294 OF 2021(J)


PETITIONER/S:

                NOORJAHAN
                AGED 50 YEARS
                W/O.MOIDEENKUTTY, PADATHUPARAMBIL HOUSE, VELLANGALLUR
                P.O., THRISSUR DISTRICT.

                BY ADV. SRI.V.M.KRISHNAKUMAR

RESPONDENT/S:

                LOCAL LEVEL MONITORING COMMITTEE
                UNDER THE KERALA CONSERVATION OF PADDY AND WETLAND
                ACT, REPRESENTED BY ITS CONVENER, AGRICULTURAL
                OFFICER, KRISHIBHAVAN, VELLANGALLUR, THRISSUR
                DISTRICT, PIN-680 662.

                BY G.P SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8294 OF 2021(J)



                               JUDGMENT

Dated this the 30th day of March 2021

The petitioner is the owner in possession of 22.5

cents of property in Vadakkumkara village. The property is

included in the Data Bank maintained under the Kerala

Conservation of Paddyland and Wetland Act, 2008(for short,

'the Act'). She maintains that 10 cents of property out of

the same is under thick vegetation. Seeking removal of the

10 cents of property from the Data Bank, the petitioner

submitted Ext P4 application in Form No.5 before the Local

Level Monitoring Committee.

2. The petitioner relies on Ext P3, the report

obtained through the Kerala State Remote Sensing and

Environment Centre, regarding the nature of the property.

The writ petition is disposed of directing the

respondent to consider Ext P4 application on obtaining and

verifying necessary reports including Ext.P3 report, and

pass appropriate orders within a period of three months

from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.8294 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOGRAPH OF THE PETITIONER'S PROPERTY.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 10.12.2014 OF THE VILLAGE OFFICER VADAKKUMKARA.

EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE DATED 15.12.2014 OF THE VILLAGE OFFICER CERTIFYING THAT NOBODY IN THE FAMILY OF THE PETITIONER IS HAVING ANY OTHER LAND.

EXHIBIT P3 TRUE COPY OF THE REPORT DATED 05.12.2016 OF THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE IN FORM NO.5 ALONG WITH COVERING LETTER DATED 24.03.2021.

EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE AGRICULTURAL OFFICER DATED 27.05.2020.