Hontona Infrastructure Projects ... vs Local Level Monitoring Committee
2021 Latest Caselaw 7455 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA,
                          1942

                   WP(C).No.5566 OF 2021(U)


PETITIONER:

              HONTONA INFRASTRUCTURE PROJECTS PVT. LTD.
              803 C, VRINDAVAN APARTMENTS,
              VYTTILA BYPASS JUNCTION, VYTTILA P.O.,
              ERNAKULAM, REP. BY ITS MANAGING DIRECTOR,
              TONY CHERIAN, AGED 45 YEARS,
              S/O.LATE K.M. CHERIAN, CHERUKOTH HOUSE,
              VYTTILA, ERNAKULAM , PIN 682 019

              BY ADV. SRI.V.M.KRISHNAKUMAR

RESPONDENT:

              LOCAL LEVEL MONITORING COMMITTEE
              REP.BY ITS CONVENOR, AGRICULTURAL OFFICER,
              KRISHI BHAVAN, KADAMAKKUDY,
              ERNAKULAM DISTRICT.PIN 682 032.


     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 03.03.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5566 of 2021                ..2..




                   W.P.(C) No.5566 of 2021
               --------------------------------------


                             JUDGMENT

Petitioner owns an item of property. It is stated that the

said property was originally a paddy land and the same was

converted as a dry/garden land several years prior to the

introduction of the Kerala Conservation of Paddy Land and Wetland

Act, 2008 ('the Act'). The grievance of the petitioner in the writ

petition is that since the property is described as 'Nilam' in the

revenue records as also in the draft data bank prepared in

accordance with the provisions contained in the Act, they are unable

to use the property for other purposes. According to the petitioner,

since the property was converted long prior to the Act, the same

should not have been shown in the data bank as 'Nilam'. The

petitioner, therefore, preferred Ext.P7(a) application for correction of

the entry relating to that property in the data bank. The grievance

of the petitioner in the writ petition concerns the inaction on the

part of the respondent, the Local Level Monitoring Committee

constituted under the Act in considering the request made by the

petitioner in Ext.P7(a) application.

2. Heard the learned counsel for the petitioner as also

the learned Government Pleader.

W.P.(C) No.5566 of 2021 ..3..

3. In the light of the decision of this court in Adani

Infrastructure and Developers Pvt. Ltd. v. State of Kerala,

2014 (1) KLT 774, in which it was held that the Local Level

Monitoring Committee constituted under the Act can look into the

ground realities and make appropriate corrections in the data bank

at any time, there cannot be any impediment in directing the Local

Level Monitoring Committee to consider the request of the petitioner

for correction of the data bank. It is all the more so since the data

bank is a draft one and the petitioner has applied for correction of

the entry in the data bank in the form prescribed for submitting the

application for correction of entry in notified data bank with all

necessary details.

In the circumstances, I deem it appropriate to dispose of

the writ petition, directing the respondent to consider Ext.P7(a)

application preferred by the petitioner, after obtaining report from

the Kerala State Remote Sensing and Environment Centre (KSREC)

as to the position of the property of the petitioner at the time of

commencement of the Act. Ordered accordingly. The petitioner shall

pay the fees stipulated by the KSREC for issuing their report, as and

when directed so by the Convener of the Local Level Monitoring

Committee. The direction aforesaid shall be complied with, within

three months from the date of receipt of a copy of this judgment. If

Ext.P7(a) application is found defective, the defect shall be W.P.(C) No.5566 of 2021 ..4..

intimated to the petitioner by the respondent immediately on

production of a copy of this judgment, and the respondent will be

entitled to avail the time taken by the petitioner to cure the defects

in the application also, for compliance of the directions contained in

this judgment.

Sd/-

                                            P.B.SURESH KUMAR
                                                 JUDGE
ds 03.03.2021
 W.P.(C) No.5566 of 2021             ..5..




                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                TRUE COPY OF THE RELEVANT PAGE OF
                          BASIC TAX REGISTER OF KADAMAKKUDY
                          VILLAGE.

EXHIBIT P2                TRUE COPY OF THE LATEST BASIC TAX
                          RECEIPT FOR THE YEAR 2018-19 DATED
                          24.7.2020

EXHIBIT P3                TRUE COPY OF THE LATEST BASIC TAX
                          RECEIPT FOR THE YEAR 2018-19 DATED
                          5.4.2018.

EXHIBIT P3(A)             TRUE COPY OF THE LATEST BASIC TAX
                          RECEIPT FOR THE YEAR 2020-21 DATED
                          24.7.2020.

EXHIBIT P4                TRUE COPY OF THE JUDGMENT IN WP(C)
                          NO.26866/2016 DATED 27.11.2017

EXHIBIT P5                TRUE COPY OF RELEVANT PAGE OF DRAFT
                          DATA BANK ISSUED BY AGRICULTURAL
                          OFFICE, KADAMAKKUDY KRISHI BHAVAN.

EXHIBIT P6                TRUE COPY OF THE LETTER OF THE VILLAGE

OFFICER KADAMAKKUDY DATED 2.7.2018 TO THE DISTRICT COLLECTOR.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FILED BY BABU JOHN BEFORE THE LOCAL LEVEL MONITORING COMMITTEE DATED 4.11.2017

EXHIBIT P7(A) TRUE COPY OF SAID APPLICATION FILED BY TONY CHERIAN DATED 4.11.2017

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.4395/2018 DATED 8.2.2018

EXHIBIT P9 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE AGRICULTURAL OFFICER DATED 23.2.2021