Ashmi Antony vs Local Level Monitoring Committee
2021 Latest Caselaw 18744 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C) NO. 15609 OF 2021
PETITIONER:

          ASHMI ANTONY,
          AGED 32 YEARS
          D/O. JOSEPH XAVIER ANTONY, PAZHMADATHIL HOUSE,
          PRATHEEKSHA NAGAR, THOPPUMPADI, KOCHI 682 005.

          BY ADV T.K.AJITHKUMAR (VALATH)


RESPONDENTS:

    1     LOCAL LEVEL MONITORING COMMITTEE,
          CHERANELLOOR GRAMA PANCHAYAT,
          SOUTH CHITTOOR P.O. PIN-682 027, REPRESENTED BY THE
          AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERANELLOOR
          SOUTH CHITTOOR P.O., PIN-682 027.

    2     AGRICULTURAL OFFICER/CONVENER,
          LOCAL LEVEL MONITORING COMMITTEE, CHERANELLOOR GRAMA
          PANCHAYATH, SOUTH CHITTOOR P.O. 682 027.

          SMT.SURYA BINOY B., SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15609 OF 2021

                                       2




                                JUDGMENT

This writ petition is filed seeking directions to the respondents to

take up and consider Ext.P3 application preferred by the petitioner for

removal of the property from the Data Bank. The petitioner is the owner

in possession of 2.43 Ares of property in Sy.No.428/1 (old survey

No.460/1) in Block No.4 of Cheranelloor Village. After mutation, the

present survey number is 428/1-5-2-10. It is submitted that the property

is recorded as paddyland in the Revenue records as also in the Data Bank

and that the property, however, has been reclaimed long prior to the

issuance of Kerala Conservation of Paddy Land and Wetland Act, 2008

and is lying as dry-land. It is submitted that the petitioner's property is a

part of a housing society and that in the above circumstances, the

inclusion of the property in the Data bank is erroneous. The petitioner

has preferred Ext.P3 application for removal of the property from the

Data Bank and seeks a consideration of the same. It is submitted by the

learned counsel for the petitioner that the application is one preferred

on 27.11.2017.

2. Having heard the learned Government Pleader also, I am of the WP(C) NO. 15609 OF 2021

opinion that the application preferred by the petitioner is liable to be

considered in accordance with law.

3. In the above view of the matter, there will be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P3 application

preferred by the petitioner, after obtaining all due reports and after

considering the report of the Kerala State Remote Sensing and

Environment Centre for the purpose of which the petitioner shall make

all due payments as required. Orders shall be passed, after considering

all relevant aspects of the matter, within a period of three months from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15609 OF 2021

APPENDIX OF WP(C) 15609/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE PHOTO COPY THE TAX RECEIPT DATED 23.9.2020.

Exhibit P2 TRUE PHOTO COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY IST RESPONDENT.

Exhibit P3 TRUE PHOTO COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER TO IST RESPONENT.

Exhibit P4 TRUE PHOTO COPY OF THE KLU ORDER UNDER CLAUSE 6 (2) DATED 20.1.1996 ISSUED BY THE REVENUE DIVISIONAL OFFICER.

RESPONDENT'S/S EXHIBITS: NIL