Sobha A vs Local Level Monitoring Committee
2021 Latest Caselaw 18762 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. 16011 OF 2021
PETITIONER:

          SOBHA A
          AGED 61 YEARS
          W/O.BALACHANDRAN, KEZHUPPILLIL MADOM,
          KEZHUPPILLIL LANE, KADAVANTHRA, KOCHI-682020

          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
          PANCHAYAT, SOUTH CHITTOOR P.O, PIN-682 02.

          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. 16011 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 3.11 Ares of property in Sy.Nos.423/7 and 423/13 (old

survey No.460, 461) in Block No.4 of Cheranelloor Village. After

mutation, the present survey numbers are 423/13-2-4 and 423/7-2-3. 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. 16011 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. 16011 OF 2021

APPENDIX OF WP(C) 16011/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED NO.1581/2014 DATED 17.3.2014

Exhibit P2 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY 1ST RESPONDENT.

Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT

Exhibit P4 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 12.3.2020 ISSUED BY THE CHERANELLOORE VILLAGE OFFICE.

RESPONDENT'S/S EXHIBITS: NIL