Abdussalam Palayi vs The Convener/Agricultural ...
2021 Latest Caselaw 9686 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7415 OF 2021(B)


PETITIONER:

               ABDUSSALAM PALAYI, AGED 55 YEARS
               S/O.ALAVI PALAYI, SAJAS MANZIL, NELLIPPARAMBU,
               KARUVAMBRUM POST, MANJERI, MALAPPURAM DISTRICT,
               PIN-676 123.

               BY ADVS.
               SRI.K.M.SATHYANATHA MENON
               SMT.KAVERY S THAMPI

RESPONDENTS:

      1        THE CONVENER/AGRICULTURAL OFFICER
               LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN,
               MANJERI, MALAPPURAM DISTRICT, PIN-676 123.

      2        THE SUB COLLECTOR, PERININTHALMANNA,
               MALAPPURAM DISTRICT, PIN-676 101.

      3        THE REVENUE DIVISIONAL OFFICER,
               REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, TIRUR,
               MALAPPURAM DISTRICT, PIN-676 101.

      4        THE STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7415 OF 2021(B)

                                                2



                                      JUDGMENT

Dated this the 23rd day of March 2021

Aggrieved by the inclusion of the property of the

petitioner in the draft Data Bank maintained under the

Kerala Conservation of Paddyland and Wetland Act (in

short, 'the Act'), the petitioner preferred an application

before the local level monitoring committee seeking

removal of the entry. The petitioner remitted the

necessary fee for obtaining satellite image and report

from Kerala State Remote Sensing and Environment Centre

(KSRSEC) and a report was obtained, which is a marked as

Ext P13 in the writ petition. Though the entry relating to

the petitioner's property was removed from the data bank,

it appears that the correction was set aside on the

direction of the 2nd respondent - Sub Collector.

Thereafter the data bank was published, including the

property of the petitioner. The order of the Sub

Collector is without authority and notice to the

petitioner, and hence is bad in law, contends the

petitioner.

WP(C).No.7415 OF 2021(B)

2. After hearing the learned counsel for the

petitioner as well as the learned Government Pleader, I am

of the opinion that interests of justice would be met if

the petitioner moves an application in form No.5 and the

3rd respondent, who is the competent authority, considers

the same and passes orders thereon taking note of Ext P13

report from KSRSEC.

Accordingly, the writ petition is disposed of

directing the petitioner to move an application in Form

No.5 prescribed under the Act before the 3 rd respondent,

and the 3rd respondent shall consider the same and pass

appropriate orders in the light of Ext P13 report of

KSRSEC as expeditiously as possible and at any rate

within a period of one month from the date of receipt of

the application.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.7415 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER DATED 30.10.2020 BY THE VILLAGE OFFICER, NARUKARA.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 14.06.2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED UNDER THE PRESCRIBED FORMAT BEFORE THE 1ST RESPONDENT DATED NIL ALONG WITH THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, NARUKARA.

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT CARD ACKNOWLEDGED BY THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 13L09.2017 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16.11.2020 IN WP9C0 24945/2020 OF THIS HONOURABLE COURT.

EXHIBIT P7 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 27.11.2020.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION NO.MKB-

18/20-21 DATED 04.12.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 07.12.2020.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION NO.MKB-

18/20 DATED 29.12.20202 ISSUED BY 1ST RESPONDENT INTIMATING THE REJECTION OF EXT.P2 APPLICATION.

EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST WP(C).No.7415 OF 2021(B)

RESPONDENT FOR OBTAINING THE COPY OF THE PROCEEDINGS OF SUB COLLECTOR, PERINTHALMANNA DATED 12.01.2021.

EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS NO.S3-

249950/2019 DATED 24.12.2019 OF SUB COLLECTOR, PERINTHALMANNA SETTING ASIDE THE DECISION OF THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE REPORT NO.A-

172/2015/KSREC/003032/21 FORWARDED BY THE KSREC PERTAINING TO PETITIONER'S PROPERTY.

EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGE OF GAZETTE PUBLICATION WITH RESPECT TO FINALIZATION OF DATA BANK DATED 28.01.2021.