Shaji George vs State Of Kerala
2021 Latest Caselaw 20063 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                    WP(C) NO. 11918 OF 2021
PETITIONER:

         SHAJI GEORGE,
         AGED 57 YEARS,
         S/O. GEORGE,
         KATTIL VADAKETHIL HOUSE,
         BUDHANOOR P.O.,
         CHENGANNUR PIN-686 510

         BY ADVS.
         SRI.JACOB P.ALEX
         SRI.JOSEPH P.ALEX
         SRI.MANU SANKAR P.


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY SECRETARY FOR
         DEPARTMENT OF REVENUE,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM PIN-695 001

    2    REVENUE DIVISIONAL OFFICER (RDO),
         REVENUE DIVISIONAL OFFICE,
         CHENGANNUR, PIN-689 121

    3    DISTRICT LEVEL AUTHORISED COMMITTEE,
         (UNDER THE KERALA CONSERVATION OF
         PADDYLAND AND WETLAND ACT, 2008)
         REPRESENTED BY ITS CONVENER
         AND PRINCIPAL AGRICULTURAL OFFICER,
         PRINCIPAL AGRICULTURAL OFFICER,
         CIVIL STATION,
         ALAPPUZHA PIN 688 001

    4    ADDITIONAL TAHASILDAR (LAND RECORDS),
         TALUK OFFICE,
         CHENGANNUR, PIN 689 121
 WP(C) No.11918/2021
                            :2 :


     5     LOCAL LEVEL MONITORING COMMITTEE,
           (UNDER THE KERALA CONSERVATION
           OF PADDYLAND AND WETLAND ACT, 2008)
           REPRESENTED BY ITS CONVENER AND
           AGRICULTURAL OFFICER, KRISHI BHAVAN,
           BUDHANOOR, CHENNUR, PIN 686 510
     6     VILLAGE OFFICER,
           VILLAGE OFFICE, ENNAKKAD,
           CHENGANNOOR TALUK, PIN 689 624

           SRI.VIPIN NARAYANAN, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 24.09.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11918/2021
                                :3 :




                        JUDGMENT

~~~~~~~~~

Dated this the 24th day of September, 2021

Petitioner holds 12.55 Ares of property in Re-survey

No.284/4-1 of Ennakkad Village. The petitioner would submit

that the land held by him is a dry land converted prior to the

coming into force of the Kerala Conservation of Paddy Land

and Wetland Act, 2008. However, the land was included in

the Data Bank erroneously. The petitioner submitted Ext.P7

application dated 10.03.2021 for removal of the land from the

Data Bank. No action has been taken on the application

submitted by the petitioner. It is in such circumstances that

the petitioner is before this Court.

2. The learned counsel for the petitioner would submit

that Ext.P3 certificate issued by the Revenue Divisional Officer

would show that the land stood converted much prior to the

coming into force of the Act, 2008. Exts.P4, P4(a) and P4(b) WP(C) No.11918/2021

reports of the Village Officer would also show that there are

standing trees which were in existence much prior to the Act,

2008. The Agricultural Officer has issued Ext.P5 certificate as

early on 22.07.2016 stating that the land is not suitable for

paddy cultivation and there are Coconut trees, Teak trees, etc.

standing in the plot. Therefore, the learned counsel for the

petitioner would submit that evidently the land is not a paddy

land or wetland and it is liable to be removed from the Data

Bank.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader representing respondents 1 to 6.

4. Ext.P7 is the application submitted by the petitioner

in Form-5 invoking Rule 4(d) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. Ext.P7 application

being a statutory application, the 2 nd respondent is bound to

consider the same and pass appropriate orders within a

reasonable time. The learned Government Pleader would

submit that if the petitioner remits fee for obtaining KSREC

report, a KSREC report can also be obtained which would WP(C) No.11918/2021

help the process of finalisation of the application.

In such circumstances, the writ petition is disposed

of permitting the petitioner to make an application and remit

the requisite fee for obtaining a report from the KSREC in

respect of his land. The 2 nd respondent shall take a final

decision on Ext.P7 application within a period of two months

from the date of receipt of the report from the KSREC.

Sd/-

N. NAGARESH, JUDGE

aks/27.09.2021 WP(C) No.11918/2021

APPENDIX OF WP(C) 11918/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF LAND TAX RECEIPT NO.

KL04050401807/2021 DATED 19-04-2021 OF ENNAKKAD VO Exhibit P2 TRUE PHOTOGRAPHS (3 NOS) OF THE PROPERTY OF THE PETITIONER COVERED BY EXHIBIT P1 Exhibit P3 TRUE COPY OF CERTIFICATE DATED 03-01-

2014 BEARING NO. B-7891/13/K.DIS ISSUED BY REVENUE DIVISIONAL OFFICER, CHENGANNUR Exhibit P4 TRUE COPY OF REPORT DATED 23-12-2013 BEARING NO. 339/2013 OF VILLAGE OFFICER, ENNAKKAD.

Exhibit P4(A) TRUE COPY OF THE CERTIFICATE NO. 840/16 DATED 07-07-2016 ISSUED BY VILLAGE OFFICER, ENNAKKAD.

Exhibit P4(B) TRUE COPY OF REPORT DATED 05-12-2017 BEARING NO. 294/17 ISSUED BY VILLAGE OFFICER, ENNAKKAD Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 22-

07-2016 BEARING NO. KB/BDNR/3/16-17 ISSUED BY AGRICULTURAL OFFICER, BUDHANOOR.

Exhibit P5(A) TRUE COPY OF THE RECEIPT DATED 18-08-

2017 BEARING NO. 24-35/2017 ISSUED TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK NOTIFICATION FOR BUDHANOOR GRAMA PANCHAYAT BEARING NO. A4-2946/2020 DATED 30-10-2020 PUBLISHED IN KEERALA GAZETTE DATED 02-11-2020.

Exhibit P7 TRUE COPY OF THE APPLICATION DATED 10-

03-2021 SUBMITTED BY THE PETITIONER.

SR