Ajitha A vs The State Of Kerala
2021 Latest Caselaw 12652 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943
                          WP(C) NO. 10229 OF 2021
PETITIONER:

              AJITHA A.
0




              AGED 54 YEARS
              W/O.RAGHUNATH A., MEENAVIHAR, MANAPPPULLIKAVU, YAKKARA,
              KUNNATHURMEDU P.O., PALAKKAD - 678 013.

              BY ADVS.
              SRI.SHYAM PADMAN
              SRI.C.M.ANDREWS
              SMT.BOBY M.SEKHAR
              KUM.LAYA MARY JOSEPH
              SRI.HARISH ABRAHAM



RESPONDENTS:

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

     2        KODUMBU GRAMA PANCHAYATH
              PANCHAYATH OFFICE, PALAKKAD CHITTUR ROAD, AISWARYA NAGAR,
              PALAKKAD - 678 551.

     3        THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE
              KERALA
              CONSERVATION OF PADDY LAND AND WETLAND, REPRESENTED BY ITS
              CHAIRMAN, THE PRESIDENT, KODUMBU GRAMA PANCHAYATH,
              PANCHAYATH OFFICE, PALAKKAD CHITTUR ROAD, AISWARYA NAGAR,
              PALAKKAD - 678 551.

     4        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, PARAKKUNNAM,
              VIDYUT NAGAR, PALAKKAD - 678 001.

     5        THE VILLAGE OFFICER
              KODUMBU VILLAGE OFFICE, COIMBATORE ROAD, KUNNATHURMEDU
              P.O., PALAKKAD - 678 013.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
               W. P. (C) No.10229 of 2021
           ==================
           Dated this the 31st day of May, 2021

                             JUDGMENT

Seeking change of nature of the 2.85 Ares of

property belonging to the petitioner, he has

submitted Ext.P4 application in Form No.6 in terms

of the Kerala Conservation of Paddy land and

Wetland Rules. The application was submitted as

early as on 07.09.2020. According to the

petitioner, the application is being unduly kept

pending.

2. The property of the petitioner was

originally included in the data bank maintained

under the Act, but was removed therefrom on his

application, by the Local Level Monitoring

Committee after inspection. Ext.P2 is the decision

of the Local Level Monitoring Committee ordering

exclusion of the property from the data bank. As is

evident from Ext.P6 communication by the 4th

respondent to the petitioner, the Form No.6

application is kept pending for lack of W. P. (C) No.10229 of 2021

notification excluding the property from the data

bank. The petitioner cannot be put to prejudice by

the delay on the part of the concerned to effect

the notification. The fact that the Local Level

Monitoring Committee has ordered removal of the

property from the data bank is not only undisputed,

but is affirmed in Ext.P6 communication of the 4 th

respondent. The learned counsel for the petitioner

has further drawn my attention to Ext.P7 Government

Order which stipulates that applications under

Section 27A of the Kerala Conservation of Paddy

land and Wetland Act are not to be kept pending

awaiting notifications of orders excluding the

property from the data bank, if such orders have

already been passed.

3. In the circumstances, the writ petition is

disposed of directing the fourth respondent to

consider Ext.P4 application in Form No.6 on its

merits and pass appropriate orders, on verification

of the relevant records including Ext.P2 order of

the Local Level Monitoring Committee excluding the

property from the data bank. Let orders be passed W. P. (C) No.10229 of 2021

within a period of two months from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 10229/2021

ANNEXURE/EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 24/08/2017 SUBMITTED BY THE PETITIONER UNDER THE KERALA CONSERVATION OF PADDY AND WETLAND RULES, 2008 BEFORE THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30/10/2019 OF THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 10/08/2020 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 07/09/2020 SUBMITTED BY THE PETITIONER UNDER S.27A OF THE KERALA CONSERVATION OF PADDYLAND AND WETLAND ACT, 2008 IN FORM NO.6.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 01/10/2020 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 08/01/2021 OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE CIRCULAR DATED 30/04/2020 ISSUED BY THE 1ST RESPONDENT.

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