Vinitha Dhanesh vs State Of Kerala
2023 Latest Caselaw 1135 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                     WP(C) NO. 35068 OF 2022
PETITIONER:

          VINITHA DHANESH
          AGED 40 YEARS
          D/O KURUMBA KUTTY,
          KAVIDAKANDATHIL VEEDU,
          PANAYIKULAM (PO),
          ALANGAD VILLAGE, PARAVUR,
          ERNAKULAM-683511.

          BY ADVS.
          P.SAJU
          JISHA P.C.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO REVENUE
          DEPARTMENT, GOVT. OF KERALA,
          TRIVANDRUM-695 001.

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION,
          KAKKANAD, ERNAKULAM -682030.

    3     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, ALANGAD VILLAGE,
          PARAVUR, ERNAKULAM-683511.

    4     THE VILLAGE OFFICER,
          VILLAGE OFFICE, ALANGAD VILLAGE,
          PARAVUR, ERNAKULAM-683511.

    5     LOCAL LEVEL MONITORING COMMITTEE,
          REPRESENTED BY ITS CONVENER,
          THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, ALANGAD VILLAGE,
          PARAVUR, ERNAKULAM-683511.
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WP(C) No. 35068 of 2022




      6        ALANGAD PANCHAYATH,
               REPRESENTED BY ITS SECRETARY,
               ALANGAD PANCHAYATH OFFICE,
               ALANGAD, PARAVUR, ERNAKULAM-683511.

      7        THE REVENUE DIVISIONAL OFFICER,
               OFFICE OF RDO, FORT KOCHI,
               ERNAKULAM, KERALA-682001.

      8        THE SCHEDULED CASTE DEVELOPMENT OFFICER,
               S.C. DEVELOPMENT OFFICE, CIVIL STATION,
               KAKKANAD, ERNAKULAM -682030.

      9        THE SCHEDULED CASTE DEVELOPMENT OFFICER,
               S.C. DEVELOPMENT OFFICE,
               ALANGAD BLOCK PANCHAYATH,
               PARAVUR, ERNAKULAM -683511.

      10       SECRETARY,
               DEPARTMENT OF LOCAL SELF GOVERNMENT
               SECRETARIAT, THIRUVANANTAPURAM-695001.

      11       STATE OF KERALA,
               REPRESENTED BY CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTAPURAM-695001.

               BY SRI.DINESH MATHEW J.MURICKEN
                  SRI.ROBIN RAJ M.K. SPL.GP.(SC/ST)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 35068 of 2022




                             JUDGMENT

Dated this the 18th day of January, 2023

The petitioner belongs to Scheduled Caste community. The

Ernakulam District Scheduled Caste Development Officer initiated

proceedings to provide land for the landless persons belonging to

Scheduled Caste under the Rehabilitation Scheme for Landless

2016-'17. The petitioner, being a member of Scheduled Caste and

being landless, was selected for a grant of aid pursuant to the said

Scheme. The petitioner purchased 4.991 Cents of land as per

Ext.P3 Assignment Deed for the purpose of the construction of a

house under the Scheme.

2. Subsequently, the petitioner found that the land is

included in Data Bank. In order to get a Building Permit for the

construction of the building, the land has to be removed from the

Data Bank. The petitioner, therefore, submitted Ext.P8 application

in Form-5 seeking to remove the land from the Data Bank. The

WP(C) No. 35068 of 2022

Sub Collector, Fort Kochi, passed Ext.P12 order dated 03.03.2022

rejecting the application submitted by the petitioner to remove the

land from the Data Bank. It is aggrieved by Ext.P12 that the

petitioner has approached this Court.

3. The petitioner submitted that the land was assigned to

her under a Rehabilitation Scheme for landless Scheduled Caste.

It was after making a site visit by the Scheduled Caste

Development Officer that the land was approved for extending the

benefit of the Rehabilitation Scheme. In the circumstances, it will

be harsh if the Sub Collector decides to retain the petitioner's land

in Data Bank. It would prevent the petitioner from obtaining a

Building Permit from the Local Self Government authority,

contended the petitioner.

3. The Government Pleader entered appearance and

resisted the writ petition. The Government Pleader submitted that

the Sub Collector has passed Ext.P12 order based on the

judgment of this Court in W.P.(C) No.16710/2021 and a detailed

report from the Agricultural Officer, Alangad, dated 05.01.2022.

WP(C) No. 35068 of 2022

The petitioner has not advanced any tangible reasons to unsettle

the decision of the Sub Collector contained in Ext.P12. The writ

petition is therefore liable to be dismissed, contended the

Government Pleader.

4. I heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

5. It is discernible from the pleadings in the writ petition

that the petitioner purchased the land after she was included in

the Rehabilitation Scheme for Landless Scheduled Caste for the

year 2016-'17. According to the petitioner, the land was purchased

after approval by the 9th respondent-Scheduled Caste

Development Officer. Taking into consideration the fact that the

land is less than 5 Cents and it is intended for the construction of a

residential house for a person belonging to Scheduled Caste, the

Sub Collector ought to have allowed the Form-5 application.

6. It is found that the petitioner has obtained Ext.P13

KSREC report. The Sub Collector, while considering the

application of the petitioner, has not adverted to any scientific

WP(C) No. 35068 of 2022

data/KSREC report. In view of the facts of the case, the Sub

Collector ought to have taken a considered decision in the matter.

In the facts and circumstances of the case, the writ petition is

disposed of, setting aside Ext.P12 and directing the Sub Collector

to reconsider the Form-5 application submitted by the petitioner in

the light of Ext.P13 KSREC report also and taking into

consideration the fact that the petitioner belongs to Scheduled

Caste community and the petitioner has purchased this property

solely for availing the benefit of Rehabilitation Scheme for landless

Scheduled Caste framed by the Government of Kerala. A decision

afresh on the Form-5 application submitted by the petitioner shall

be taken within a period of two months.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 35068 of 2022

APPENDIX OF WP(C) 35068/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO G3-10364/2016 DATED 8/7/2016 OF THE ERNAKULAM DISTRICT SCHEDULE CAST DEVELOPMENT OFFICER.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS FOR GRANT, PERMISSION BY 9TH RESPONDENT OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 14/12/2020. Exhibit P3 TRUE COPY OF REGISTERED ASSIGNMENT DEED NO.

504/2017 DATED ON 23-02-2017.

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 15/02/2017 ISSUED BY THE 9TH RESPONDENT AS CONDITION FOR THE ASSIGNMENT.

Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07/01/2020 BY ALANGAD VILLAGE OFFICE.

Exhibit P6 TRUE COPY OF THE LOCATION SKETCH DATED 16/01/2018 ISSUED BY ALANGAD VILLAGE.

Exhibit P7 TRUE COPY OF THE RECEIPT OF THE APPLICATION FOR THE APPROVAL OF SKETCH FOR GETTING BUILDING PERMIT.

Exhibit P8 TRUE COPY OF FORM 5 APPLICATION ON 15/03/2020 UNDER KERALA PADDY LAND AND WET LAND RULES 2008 BEFORE THE 7TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE CERTIFICATE ISSUED BY 6TH RESPONDENT TO INCLUDE PETITIONER IN THE LIST OF THE BENEFICIARIES LIFE MISSION PROJECT CONSTRUCTION OF RESIDENTIAL HOUSE 2021. Exhibit P10 TRUE COPY OF JUDGMENT DATED 28/10/2021 IN WP(C) 16710/2021OF THIS HON'BLE COURT. Exhibit P11 TRUE COPY OF THE RE-INSPECTION REPORT OF ALANGAD AGRICULTURAL OFFICER DATED 05/01/2022. Exhibit P12 TRUE COPY OF THE ORDER OF 7TH RESPONDENT DATED 03/03/2022 IN EXT P-9 APPLICATION.

WP(C) No. 35068 of 2022

Exhibit P13 TRUE COPY OF THE REPORT IN KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE DATED 25/03/2022. Exhibit P14 TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE GOVERNMENT OF KERALA, KERALA STATE PLANNING BOARD (THIRTEENTH FIVE YEAR PLAN 2017-2022) WORKING GROUP ON SCHEDULED CASTE DEVELOPMENT REPORT.