E.S.Mohammed Kabeer vs Local Level Monitoring Committee
2021 Latest Caselaw 19332 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 14528 OF 2021
PETITIONERS:

    1     E.S.MUHAMMED KABEER
          AGED 63 YEARS
          S/O. E.N. SHAHUL HAMEED, EDATHARA HOUSE,
          KALOOR P.O, COCHIN-17,

    2     SAFEEDHA IBRAHIM,
          AGED 57 YEARS, W/O. E.S. MOHAMMED KABEER,
          EDATHARA HOUSE, KALOOR P.O, COCHIN 17.

          BY ADV C.SHEEBA


RESPONDENTS:

    1     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENOR,
          THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
          KUNNATHUNADU, PATTIMATTOM P.O, PIN-683 562

    2     THE TAHSILDAR,
          TALUK OFFICE, KUNNATHUNADU-683 542

    3     THE VILLAGE OFFICER,
          KUNNATHUNADU VILLAGE OFFICE,
          KUMARAPURAM P.O, PIN-683 565

          SMT.SURYA BINOY B., SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14528 OF 2021

                                      2




                               JUDGMENT

This writ petition is filed seeking directions to the respondents to

consider Ext.P4 application preferred by the petitioners. The learned

counsel for the petitioners submits that the petitioners are the owners in

possession of 2.36 Ares of land in Re. Sy. No.265/16/1 in Block No.36 of

Kunnathunad Village and Ext.P1 is the document in respect of the

property. It is submitted that the property was included in the Draft Data

Bank as converted land. In the above view of the matter, the petitioners

have preferred Ext.P4 application before the 1 st respondent on

24.10.2017. It is submitted that Ext.P5 request has also been submitted

before the Agriculture Officer, but no action has been taken thereon.

2. Having heard the learned Government Pleader also, I am of the

opinion that Ext.P4 application requires to be considered after

ascertaining all the factual aspects of the matter. There will, accordingly,

be a direction to the 1st respondent to take up Ext.P4 application

preferred by the petitioners and to consider and pass orders on the

same, in accordance with law, taking due note of all relevant factual

aspects, within a period of three months from the date of receipt of a WP(C) NO. 14528 OF 2021

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14528 OF 2021

APPENDIX OF WP(C) 14528/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 5814/2014 DATED 18.09.2014 OF THE SUB REGISTRY OFFICE, KOLENCHERY.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 25.11.2017 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK DATED 11.07.2016.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 24.10.2017 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE REMINDER DATED 20.03.2021.

RESPONDENT'S/S EXHIBITS: NIL