Sudheesh vs State Of Kerala
2021 Latest Caselaw 17817 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021/10TH BHADRA, 1943
                  WP(C) NO. 10104 OF 2021
PETITIONER:

         SUDHEESH,
         AGED 35 YEARS,
         S/O. CHANDRAN, VARIKOTTIL KIZHAKKEKARA,
         AMBALAPARA-II VILLAGE, KADAMBUR DESOM,
         VADAKKUMBRAM AMSOM, OTTAPALAM TALUK, PALAKAKD
         DISTRICT-679 515.


         BY ADVS.
         SRI.GEORGE MATHEW
         SRI.M.D.SASIKUMARAN
         SHRI.PRAVEEN S.
         SHRI.SUNIL KUMAR A.G
         SRI.DIPU JAMES
         SHRI.MATHEW K.T.
         SHRI.GEORGE K.V.
         SHRI.STEPHY K REGI

RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY,
         REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.
    2    THE DISTRICT COLLECTOR,
         PALAKKAD, CIVIL STATION,
         PALAKKAD-678 001.
    3    AMBALAPARA GRAMA PANCHAYAT,
         REPRESENTED BY ITS SECRETARY,
         GRAMA PANCHAYATH OFFICE, AMBALAPPARA P.O.,
         PALAKKAD-679 512.
    4    SECRETARY,
         AMBALAPARA GRAMA PANCHAYATH,
         GRAMA PANCHAYATH OFFICE,
         AMBALAPPARA P.O.,
         OTTAPALAM TALUK,
         PALAKKAD DISTRICT-679 515.
 WP(C) No.10104/2021
                            :2 :

    5      THE LOCAL LEVEL MONITORING COMMITTEE,
           AMBALAPARA GRAMA PANCHAYATH, AMBALAPPARA P.O.,
           PALAKKAD-679 512,
           REPRESENTED BY ITS CONVENOR,
           AGRICULTURE OFFICER, AGRICULTURE OFFICE,
           AMBALAPPARA P.O., PALAKKAD DISTRICT-679 512.
    6      THE AGRICULTURAL OFFICER AND CONVENOR LLMC
           AMBALAPARA GRAMA PANCHAYATH,
           AGRICULTURE OFFICE, AMBALAPPARA P.O.,
           OTTAPALAM TALUK, PALAKKAD DISTRICT-679 512.
    7      THE VILLAGE OFFICER,
           AMBALAPARA-II VILLAGE, AMBALAPPARA P.O.,
           PALAKKAD-679 512.
    8      P.P.NARAYANAN,
           AGE AND FATHER'S NAME NOT KNOWN TO THE
           PETITIONER, VELVIHAR, PAZHAYATTUPARAMBIL,
           KADAMBUR, AMBALAPPARA P.O.,
           PALAKKAD DISTRICT-679 512.


           BY ADV SRI.R.SREEHARI
           SRI.VIPIN NARAYAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 01.09.2021, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10104/2021
                                 :3 :




                            JUDGMENT

Dated this the 01st day of September, 2021

The petitioner is before this Court aggrieved by

Exts.P4, P5 and P6 orders. The petitioner seeks to declare

that he is entitled to construct a residential building in the

property covered by Ext.P1 on the basis of Exts.P2 and P3.

2. The petitioner is owner of 8.05 cents of property

comprised in Re-Sy. No.183/3 and 4 in Block No.81 of

Ambalapara-II Village in Ottapalam Taluk of Palakkad

District. The property of the petitioner was included in the

Data Bank. According to the petitioner, the petitioner's

property is not paddy land or wetland and it could not have

been included in the Data Bank. The petitioner therefore

made an application to make corrections in the Data Bank.

3. Pursuant to the application so submitted by the

petitioner, Ext.P2 proceedings were issued by the

Agricultural Officer on the basis of the report of the Local WP(C) No.10104/2021

Level Monitoring Committee, deciding to remove the said

land from the Data Bank. As the petitioner wanted to

construct a small house having 79.41 Square metres, the

Grama Panchayat issued Ext.P3 No Objection Certificate for

residential construction.

4. It appears that the 8th respondent made certain

complaints and there upon the Local Level Monitoring

Committee convened a meeting and as per Ext.P4, decided

to include the land of the petitioner in Data Bank.

Consequently, on the basis of said decision, the Village

Officer issued Ext.P5 Stop Memo and the Panchayat issued

Ext.P6 communication to the petitioner requiring the

petitioner to stop all construction work for the time being. It is

aggrieved by the said orders that the petitioner is before this

Court. The petitioner would submit that his case will fall

under Section 27A(6) and at any rate he is entitled to

construct the building.

5. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the WP(C) No.10104/2021

respondents 1, 2, 5, 6 and 7, the learned Standing Counsel

for the respondents 3 and 4.

6. After hearing the parties to the case and perusing

the affidavit, it is seen that Ext.P2 decision was taken by the

Agricultural Officer based on the recommendations of the

Local Level Monitoring Committee to remove the land in

question from the Data Bank. Based on Ext.P2 decision of

the Local Level Monitoring Committee, the Panchayat has

also granted Ext.P3 No Objection Certificate for residential

construction. Once the LLMC has submitted its report and

taken a decision to exclude the land from the Data Bank,

LLMC cannot thereafter exercise any review power to recall

the decision already taken. To that extent Ext.P4 is

unsustainable. Consequently, Ext.P5 Stop Memo and Ext.P6

Communication of the Panchayat Secretary are also

unsustainable.

7. The learned Government Pleader submitted that

Ext.P4 has been issued on the basis of a complaint filed by

the 8th respondent before the Revenue Divisional Officer. WP(C) No.10104/2021

The Revenue Divisional Officer referred the matter to the

Local Level Monitoring committee for a fresh report. It is

seen that the Local Level Monitoring Committee themselves

has canceled the earlier decision contained in Ext.P2

pursuant thereto. This Court is of the view that the LLMC

could not have done so. If any changes are to be made, it is

for the Revenue Divisional Officer to act in accordance with

the provisions of Kerala Paddy Land and Wetland Acts and

Rules made thereunder.

8. In the circumstances, Exts.P4, P5 and P6 are set

aside. The petitioner will be free to proceed in accordance

with Exts.P2 and P3 orders. It is made clear that this will be

without prejudice to the right if any of the Revenue Divisional

Officer to look into the complaints and act in accordance with

law.

The writ petition is disposed of.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.10104/2021

APPENDIX OF WP(C) 10104/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO.7654989 DATED 1.9.2015 ISSUED FROM AMBALAPARA-II VILLAGE OFFICE.

EXHIBIT P2 TRUE COPY OF PROCEEDINGS NO.KBAMB 20/2018-19/80 DATED 14.11.2018 ISSUED BY 6TH RESPONDENT.

EXHIBIT P3            TRUE COPY OF NO-OBJECTION CERTIFICATE
                      DATED   22.11.2019     FOR   RESIDENTIAL

CONSTRUCTION ISSUED BY 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO.KB/AMB/20-

2019.20 DATED 28.2.2020 ISSUED BY 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF STOP MEMO NO.126/2021 DATED 26.3.2021 (WRONGLY TYPED AS 26.12.2021) ISSUED BY 7TH RESPONDENT.

EXHIBIT P6            TRUE COPY OF LETTER NO.A4/2604/21
                      DATED    28.3.2021    ISSUED    BY   4TH
                      RESPONDENT TO THE PETITIONER.