Surendran vs State Of Kerala
2023 Latest Caselaw 1762 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                  WP(C) NO. 41417 OF 2022
PETITIONER

         SURENDRAN, AGED 64 YEARS
         THAZHATHUPURAKKAL HOUSE
         KANIPAYYOOR P.O, KANIPAYYOOR VILLAGE
         KUNNAMKULAM TALUK, THRISSUR DISTRICT, PIN -
         680517
         BY ADVS.
         PRABHU K.N.
         MANUMON A.


RESPONDENTS

    1    STATE OF KERALA
         REPRESENTED BY THE DISTRICT COLLECTOR PALAKKAD,
         PIN - 678001
    2    THE REVENUE DIVISIONAL OFFICER PALAKKAD
         PALAKKAD, PIN - 678001
    3    THE TAHSILDAR, ALATHUR TALUK
         PALAKKAD DISTRICT, PIN - 678541
    4    THE VILLAGE OFFICER, VADAKKENCHERRY- I VILLAGE
         ALATHUR TALUK,
         PALAKKAD,, PIN - 687683
    5    THE AGRICULTURAL OFFICER VADAKKENCHERRY,
         ALATHUR TALUK, PALAKKAD,, PIN - 678683
    6    THE LOCAL LEVEL MONITORING COMMITTEE
         CONSTITUTED UNDER THE KERALA CONSERVATION OF
         PADDY LAND AND WETLAND ACT 2008) REPRESENTED BY
         ITS CONVENOR, THE AGRICULTURAL OFFICER
         VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD,
         DISTRICT, PIN - 678683
    7    VADAKKENCHERRY GRAMA PANCHAYAT,
         ALATHUR TALUK, PALAKKAD DISTRICT, PIN 678683
         REPRESENTED BY ITS SECRETARY ( IMPLEADED AS PER
 WPC.41417/2022
                                        2

             ORDER DATED 22.12.2022 IN I.A.1/2022 )
             BY ADV N.KRISHNA PRASAD
             APPU.P.S-GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,   THE     COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.41417/2022
                                      3

                          ANU SIVARAMAN, J.
                           --------------------
                        W.P.(C).41417 of 2022
                         -----------------------
                       Dated : 1st February, 2023

                                JUDGMENT

This writ petition is filed seeking the following relief :-

"Issue a writ in the nature of mandamus or any other writ, direction or order directing the 2 nd respondent to consider and dispose Ext.P4 within a short time frame as may be decided by this Honourable Court without insisting for gazette notification removing the land supra from the Data bank of Paddy Lands and Wet lands under Kerala Conservation of Paddy Land and Wetland Act, 2008.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is the owner in possession of 16.52 Ares of land

in Vadakkencherry-I village in Alathur Taluk, Palakkad district. It is

submitted that he had submitted an application for removing the

property from the Data bank and the same was allowed by the

Local Level Monitoring Committee by Ext.P3 proceedings dated

17.9.2021. However, the removal of the property from the Data

bank was not carried out and notified. On that ground, Form-6

application submitted by the petitioner is not being considered.

The learned counsel for the petitioner submits that even tough the WPC.41417/2022

corrected Data bank is not notified, the application submitted by

the petitioner in Form-6 is liable to be considered taking note of

Ext.P3. It is further submitted that a Circular has been issued by

the Government on 30.4.2020 specifically directing that in cases

where Form-5 applications have been allowed, the consideration of

Form-6 applications need not await the notification of the Data

bank.

4. Having considered the contentions advanced on either

side, I am of the opinion that the application submitted by the

petitioner in Form-6 is to be considered in accordance with law.

Accordingly, there will be a direction to the 2 nd respondent to take

up Ext.P4 application submitted by the petitioner and to consider

and pass orders thereon, within a period of one month from the

date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

ANU SIVARAMAN, Judge

Mrcs WPC.41417/2022

APPENDIX OF WP(C) 41417/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER VADAKKENCHERRY I VILLAGE DATED 12.02.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK Exhibit P3 TRUE COPY OF THE ORDER NO.136/32/2021-

2022 PASSED BY THE 6TH RESPONDENT DATED 17-09-2021 Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18/02/2022 Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN WPI NO. 12709 OF 2022 DATED 31-05-2022