Mukhil M vs The Principal Secretary
2022 Latest Caselaw 3469 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                         WP(C) NO. 17315 OF 2021
PETITIONER:

              MUKHIL M.
              AGED 35 YEARS, S/O. MURALEEDHARAN,
              EDAYAMPOTTA VEEDU, KALPANCHERRY,
              AYILUR, PALAKKAD

              BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENTS:

     1        THE PRINCIPAL SECRETARY
              AGRICULTURE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM 695 001

     2        THE DISTRICT COLLECTOR,
              CIVIL STATION, PALAKKAD 678 001

     3        THE REVENUE DIVISIONAL OFFICER,
              CIVIL STATION, PALAKKAD 678 001

     4        PRINCIPAL AGRICULTURE OFFICER
              CIVIL STATION, PALAKKAD 678 001.

     5        AGRICULTURAL OFFICER
              KRISHI BHAVAN, AYILUR, CHITTUR,
              PALAKKAD 678 510

     6        VILLAGE OFFICER, AYILUR VILLAGE OFFICE,
              AYILUR, PALAKKAD 678 510

     7        THE CONVENOR, LOCAL LEVEL MONITORING COMMITTEE
              AYILUR GRAMA PANCHAYAT, AYILUR, PALAKKAD 678 510

              SRI.B.S.SYAMANTHAK, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17315 OF 2021
                                 2




                           T.R. RAVI, J.
            --------------------------------------------
                   W. P. (C). No. 17315 of 2021
             --------------------------------------------
              Dated this the 22nd day of March, 2022

                           JUDGMENT

The petitioner is aggrieved by Ext.P7 order, whereby the 3 rd

respondent has rejected the request of the petitioner to remove

his land from the Data Bank. It is seen from the order that it has

been issued without any reference to the scientific data through

the KSREC and has been issued on the basis of a report that it is a

converted land but no paddy cultivation has been conducted after

2019.

In the above circumstances, Ext.P7 order is set aside. The

3rd respondent is directed to reconsider the application submitted

by the petitioner after receiving a report from the KSREC

regarding the nature of the property as on 2008 and after physical

verification of the site in the presence of the petitioner. The

petitioner shall take necessary steps to obtain the report from the WP(C) NO. 17315 OF 2021

KSREC. Necessary orders shall be issued within a period of six

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

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 17315 OF 2021

APPENDIX OF WP(C) 17315/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 12-03-2020

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PETITIONER'S PROPERTY

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 11-08-2021 ISSUED BY SECRETARY, AYILUR GRAMA PANCHAYAT

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 05-04-2017 ISSUED BY VILLAGE OFFICER, AYALUR

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 04-04-2017 ISSUED BY VILALGE OFFICER, THIRUVAZHIYAD

Exhibit P6 TRUE COPY OF THE JUDGEMENT IN W.P(C) NO.

31116/2019 OF THIS HON'BLE COURT DATED 27-11-2019

Exhibit P7 TRUE COPY OF THE ORDER NO. RDOPKD/1317/2021-

M DATED 10-05-2021

Exhibit P8 PHOTOGRAPH OF THE PETITIONER'S PROPEERTY