Vijayamma vs State Of Kerala Represented By Its ...
2021 Latest Caselaw 9251 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.7118 OF 2021(L)


PETITIONER:

               VIJAYAMMA, KRISHNAKRIPA, EREZHA SOUTH,
               CHETTIKULANGARA, MAVELIKKARA, ALAPPUZHA - 690 106.

               BY ADVS.
               SRI.R.KRISHNA RAJ
               SMT.KUMARI SANGEETHA S.NAIR

RESPONDENTS:

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

      2        DISTRICT COLLECTOR
               CIVIL STATION, ALAPPUZHA - 688 001.

      3        REVENUE DIVISIONAL OFFICER,MAVELIKKARA KOZHANCHERY
               ROAD - SH 10, CHENGANNUR, ALAPPUZHA - 689 121.

      4        VILLAGE OFFICER, PERINGALA VILLAGE, PERINGALA,
               ALAPPUZHA - 690 505.

      5        AGRICULTURE OFFICER, AGRICULTURAL OFFICE,
               CHETTIKULANGARA TEMPLE ROAD, CHETTIKULANGARA,
               ALAPPUZHA - 690 106.

      6        LOCAL LEVEL MONITORING COMMITTEE
               CHETTIKULANGARA, REPRESENTED BY ITS CHAIRMAN,
               AGRICULTURAL OFFICE, CHETTIKULANGARA,
               ALAPPUZHA - 690 106.

               R1 TO R5 BY GOVT. PLEADER SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7118 OF 2021(L)

                                          2


                                  JUDGMENT

Dated this the 19th day of March 2021

Seeking removal of the petitioner's property from the

Data Bank maintained under the Kerala Conservation of

Paddyland and Wetland Act (in short, 'the Act'), the

petitioner has submitted Ext P2 application before the 6 th

respondent Local Level Monitoring Committee.

2. According to the petitioner, she purchased the

property in the year 1988 and even much prior to that the

property was lying as a dry land. The petitioner relies on

Ext P3 Mahazar prepared by the village officer in September

2017 to contend that the property in question is a dry

land. Be that as it may, it would be sufficient if the 6 th

respondent considers the entire factual aspects and passes

appropriate orders.

The writ petition is disposed of directing the 6 th

respondent to consider and pass appropriate orders on Ext

P2 application, on obtaining necessary reports, as

expeditiously as possible and at any rate within a period

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

judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C).No.7118 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE GAZETTE NOTIFICATION.

EXHIBIT P2 COPY OF THE APPLICATION.

   EXHIBIT P3         COPY OF THE MAHAZAR.