Sandhya Gopalakrishnan vs The Revenue Divisional Officer
2021 Latest Caselaw 23446 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 23008 OF 2021


PETITIONER/S:

          SANDHYA GOPALAKRISHNAN
          AGED 41 YEARS
          D/O. GOPALAKRISHNAN,
          RESIDING AT SUSANDHYA,
          OLD THEVARA ROAD, ERNAKULAM,
          COCHIN 682 031

          BY ADVS.
          ALIAS M.CHERIAN
          K.M.RAPHY
          ANJALY ELIAS
          BRISTO S PARIYARAM
          NEENU ANNA BABU(K/001853/2020)



RESPONDENT/S:

    1     THE REVENUE DIVISIONAL OFFICER,
          THRISSUR DISTRICT, CIVIL STATION,
          AYANTHOLE, THRISSUR, PIN 680 003

    2     THE TAHSILDAR,
          MUKUNDAPURAM TALUK OFFICE,
          MUKUNDAPURAM, THRISSUR DISTRICT,
          PIN 680 683

    3     THE VILLAGE OFFICER
          KADUPASSERRY VILLAGE OFFICE, KADUPASSERRY,
          MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
          PIN 680 683

    4     THE AGRICULTURAL OFFICER,
          KRISHIBHAVAN, KADUPASSERRY,
          MUKUNDAPURAM TALUK,
          THRISSUR DISTRICT PIN 680 683
 WP(C) NO. 23008 OF 2021
                                  2



     5     THE CONVENOR
           LOCAL LEVEL MONITORING COMMITTEE,
           KRISHIBHAVAN, KADUPASSERRY,
           MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
           PIN 680 683



           SRI.VIPIN NARAYAN, GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23008 OF 2021
                               3




                            JUDGMENT

The challenge in this writ petition is against the action of

the LLMC in refusing to remove the property involved, from

the Data Bank. Exhibits P11 and P13 are the proceedings in

which the request has been rejected and all that is stated is

that the property is seen as paddy land in the year 2008 and

hence it cannot be removed from the data bank. A reading

of the proceedings would show that there has been no proper

consideration of the issue on the basis of the contentions

raised by the petitioner.

2. The orders Exhibits P11 and P13 are hence set aside and

the 5th respondent is directed to re-consider Exhibits P10 and

P12 applications in accordance with law, after referring to the

report which has to be obtained from the Kerala State

Remote Sensing and Environment Centre. The petitioner

shall take steps to obtain a report from the Kerala State WP(C) NO. 23008 OF 2021

Remote Sensing and Environment Centre and forward the

same to LLMC for necessary actions. The necessary orders

shall be issued within six weeks from the date of receipt of

the report from the Kerala State Remote Sensing and

Environment Centre concerned.

Sd/-

T.R.RAVI JUDGE

avs WP(C) NO. 23008 OF 2021

APPENDIX OF WP(C) 23008/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 1751 OF 2017 REGISTERED IN THE SUB REGISTRY OFFICE AT KALLETTUMKARA.

Exhibit P2 TRUE COPY OF TAX RECEIPT BEARING NO.

0439706 DATED 15-10-2018

Exhibit P3 TRUE COPY OF PHOTOGRAPH OF THE PROPERTY

Exhibit P4 TRUE COPY OF CERTIFICATE NO. VLK23/2014-

15 DATED 23-02-2015 ISSUED BY THE 4TH RESPONDENT

Exhibit P5 TRUE COPY OF LETTER NO. VLK14/17-18 DATED 11/12/2017 ALONG WITH AN EXTRACT OF THE DATA BANK

Exhibit P6 TRUE COPY OF POSSESSION CERTIFICATE NO.

361/21 DATED 27-01-2021 ISSUED BY 3RD RESPONDENT/VILLAGE OFFICER.

Exhibit P7 TRUE COPY OF RECEIPT NO. 372 DATED 21-

11-2017 ISSUED BY 4TH RESPONDENT/AGRICULTURE OFFICE

Exhibit P8 TRUE COPY OF RECEIPT NO. 373 DATED 21-

11-2017 ISSUED BY 4TH RESPONDENT/AGRICULTURE OFFICE.

Exhibit P9 TRUE COPY OF LETTER NO. VLK 14/2021-22 DATED 20-09-2021 ISSUED BY 4TH RESPONDENT/AGRICULTURE OFFICER

Exhibit P10 TRUE COPY OF APPLICATION NO. 372 DATED NIL SUBMITTED BY THE PETITIONER BEFORE WP(C) NO. 23008 OF 2021

THE 4TH RESPONDENT/AGRICULTURE OFFICER

Exhibit P11 TRUE COPY OF REPORT DATED 04-05-2020 OF THE 5TH RESPONDENT/LLMC

Exhibit P12 TRUE COPY OF APPLICATION NO. 373 DATED SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P13 TRUE COPY OF REPORT DATED 04-05-2020 OF THE 5TH RESPONDENT/LLMC