M.V. Biji vs State Of Kerala
2023 Latest Caselaw 9080 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                    WP(C) NO. 28618 OF 2021
PETITIONER:

    1    M.V. BIJI
         AGED 48 YEARS
         D/O. (LATE) M.V BALAN,
         PUTHOOR KARTHIKA,
         SATELLITE TOWNSHIP EXTN.
         KAKKANAD P.O, ERNAKULAM - 682 037
    2    M.V BINDU
         AGED 51 YEARS
         D/O. (LATE) M.V BALAN, AMBADY,
         MELE EDAVALATH, GURUDEV ROAD,
         MALAPARAMBA P.O, KOZHIKODE 673 009
    3    M.V BEENA
         AGED 46 YEARS
         D/O. (LATE) M.V BEENA, SUJALALAYAM,
         KOLLAM P.O, KOZHIKODE - 673 307
    4    M.V BIBI
         AGED 42 YEARS
         D/O. (LATE) M.V BALAN, LAILITHA NIVAS,
         ERANHIPALAM P.O, KOZHIKODE - 673 006

         BY ADVS.
         VINEETH KOMALACHANDRAN
         UTHARA ASOKAN


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE
         SECRETARY) DEPARTMENT OF REVENUE,
         ROOM NO. 372, FIRST FLOOR, MAIN BLOCK,
         SECRETARIAT, GPO, THIRUVANANTHAPURAM - 695 001
 WP(C) No.28618 of 2021

                          2


    2     THE LOCAL LEVEL MONITORING COMMITTEE
          KOZHIKODE CORPORATION,
          UNDER THE KERALA CONSERVATION OF PADDY LAND,
          AND WET LAND ACT 2008,
          REPRESENTED BY ITS CONVENER,
          THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
          PUTHIYARA, PUTHIYARA P.O, KOZHIKODE - 673 004
    3     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, CIVIL STATION,
          CIVIL STATION P.O, KOZHIKODE - 673 020
    4     THE TAHSILDAR,
          KOZHIKODE TALUK, TALUK OFFICE,
          CIVIL STATION P.O, KOZHIKODE - 673 020
    5     THE VILLAGE OFFICER
          CHEVAYUR VILLAGE OFFICE, PAROPPADI P.O,
          KOZHIKODE - 673 012

          SMT.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 23.08.2023, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.28618 of 2021

                              3




                           JUDGMENT

Dated this the 23rd day of August, 2023

The petitioners are before this Court seeking to quash

Ext.P1 and to direct the 2nd respondent to consider the

request of the petitioners for exclusion of their property from

the draft Data Bank. The petitioners have also sought for a

declaration that the provisions of the Kerala Conservation of

Paddy Land and Wetland Act, 2008 have no application in

respect of the petitioners' land.

2. Admittedly, the petitioners' land consists of 25

Cents, belonging to the 4 petitioners. Ext.P4 would show that

the petitioners have filed Exts.P4, P4(a) and P4(b)

applications to the Local Level Monitoring Committee to

remove the land from the Data Bank.

3. Government Pleader would submit that those

applications were favourably considered and allowed and the

land is not included in the Data Bank. WP(C) No.28618 of 2021

4. If that be so, to change the nature of the land in

Revenue records, the petitioners have to invoke the

provisions of Rule 12 of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. The prayer of the petitioners

to declare that the provisions of the Act, 2008 have no

application in respect of their land, cannot be allowed as no

tangible reason is advanced justifying that prayer.

In the circumstances, the writ petition is disposed of

permitting the petitioners to approach the Revenue Divisional

Officer concerned for changing the nature of the land in

Revenue records, in accordance with law.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.28618 of 2021

APPENDIX OF WP(C) 28618/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT EXTRACT OF DRAFT DATA BANK OBTAINED CHEVAYUR VILLAGE OFFICE, KOZHIKODE DATED NIL Exhibit P2 A TRUE COPY OF THE REPORT NO.

KKB145/15-16 DATED NIL PREPARED BY THE 2ND RESPONDENT Exhibit P3 PHOTOGRAPH DISCLOSING THE PRESENT CONDITION OF THE SUBJECT PROPERTY AS WELL AS THE NATURE OF THE LAND OF THE PETITIONERS.

Exhibit P3A PHOTOGRAPH DISCLOSING THE PRESENT CONDITION OF THE SUBJECT PROPERTY AS WELL AS THE NATURE OF THE LAND OF THE PETITIONERS Exhibit P3B PHOTOGRAPH DISCLOSING THE PRESENT CONDITION OF AS WELL AS THE NATURE OF THE LAND OF THE PETITIONERS.

Exhibit P3C PHOTOGRAPH DISCLOSING THE PRESENT CONDITION OF THE SUBJECT PROPERTY AS WELL AS THE NATURE OF THE LAND OF THE PETITIONERS.

Exhibit P4        A TRUE COPY OF THE APPLICATION DATED
                  25-08-2017     FILED    BY    THE    2ND
                  PETITIONER.
Exhibit P4A       A TRUE COPY OF THE APPLICATION DATED
                  22-08-2017     FILED    BY    THE    3RD
                  PETITIONER.
Exhibit P4B       A TRUE COPY OF THE APPLICATION DATED
                  22-08-2017     FILED    BY    THE    4TH
                  PETITIONER.
Exhibit P5        A TRUE COPY OF THE REPRESENTATIONS

DATED 20-10-2021 FILED BY THE 1ST PETITIONER.

Exhibit P5A A TRUE COPY OF THE REPRESENTATIONS DATED 20-10-2021 FILED BY THE 2ND PETITIONER.

Exhibit P5B A TRUE COPY OF THE REPRESENTATIONS DATED 20-10-2021 FILED BY THE 3RD PETITIONER.

WP(C) No.28618 of 2021

Exhibit P5C A TRUE COPY OF THE REPRESENTATIONS DATED 20-10-2021 FILED BY THE 4TH PETITIONER.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 16-

01-2017 IN W.P(C0 NO. 40499/2016 SALIM C.K AND ANOTHER VS. STATE OF KERALA. Exhibit P7 TRUE COPY OF THE REPORT DATED 29.07.2022 PREPARED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPORT OF THE SATELLITE DATA INFORMATION REPORT DATED 01.04.2022 PREPARED BY THE DIRECTOR, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER [KSREC]