Sebastian vs State Of Kerala
2023 Latest Caselaw 506 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                     WP(C) NO. 42546 OF 2022
PETITIONER:

          SEBASTIAN
          AGED 66 YEARS
          SON OF OUSEPH, KOKKAD HOUSE,
          KALLETTUMKARA P.O, ALOOR,
          MUKUNDAPURAM, THRISSUR - 680683.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          REVENUE DEPARTMENT, SECRETARIAT,
          MAHATHMA GANDHI ROAD, NEAR CENTRAL STADIUM,
          STATUE JUNCTION, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 682031.

    2     REVENUE DIVISIONAL OFFICER
          DISTRICT CT WAY RD, KIDANGAMPARAMP,
          THONDANKULANGARA, THATHAMPALLY,
          ALAPPUZHA, PIN - 688013.

    3     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KANJIKUZHY,
          ALAPPUZHA DISTRICT, PIN - 686002.

          BY SMT.VIDYA KURIAKOSE GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       2


WP(C) No. 42546 of 2022




                              JUDGMENT

Dated this the 11th day of January, 2023

The petitioner is aggrieved by Ext.P6 report of the Local

Level Monitoring Committee.

2. The petitioner is a senior citizen and is the owner of

4.22 Ares of property in Re-Survey No.388/2/5 in Block No.32 of

Kanjikuzhi Village of Cherthala Taluk, Alappuzha District. The

petitioner purchased the property in the year 2015. The land of the

petitioner was included in the Data Bank. The petitioner submitted

Ext.P2 application for the removal of the land from the Data Bank.

The petitioner states that Ext.P2 application was made on

20.11.2017.

3. The Local Level Monitoring Committee considered the

issue and recorded their decision in Ext.P6 on 02.03.2020.

WP(C) No. 42546 of 2022

In Ext.P6, the Local Level Monitoring Committee has observed

that there are no buildings or constructions on the land. Therefore,

the land cannot be removed from the Data Bank. Ext.P6 further

observes that if the petitioner has any objections, then a decision

can be taken on the basis of the KSREC report.

4. I find that the reason extended in Ext.P6 by the Local

Level Monitoring committee that the land cannot be removed from

the Data Bank for the sole reason that there are no buildings or

constructions in the land, cannot stand the scrutiny of law.

5. In view of the above, Ext.P6 report of the Local Level

Monitoring Committee is set aside. The Local Level Monitoring

Committee is directed to reconsider the application submitted by

the petitioner, after obtaining satellite data from the KSREC.

6. If the petitioner makes an application paying the

prescribed fee, the Agricultural Officer shall obtain a KSREC

report. The Local Level Monitoring Committee shall pass orders

WP(C) No. 42546 of 2022

on the petitioner's application within a period of one month from

the date of receipt of the KSREC report. The petitioner submits

that he will remit the requisite fee for the KSREC report within a

period of two days.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 42546 of 2022

APPENDIX OF WP(C) 42546/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR 4.22 ARES IN RE-SY.NO. 388/2-5, 6.98 ARES IN SY.NO. 388/3-1, 13.10 ARES IN SY.NO.388/4-2 Exhibit P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 20.11.2017 BEFORE THE 3RD RESPONDENT LLMC, KANJIKUZHY Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT TOWARDS ACCEPTANCE OF EXT-P2 REPRESENTATION Exhibit P4 THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE DISTRICT COLLECTOR TOWARDS ACCEPTANCE OF THE PETITIONER'S APPLICATION FOR CHANGING THE DESCRIPTION OF THE PROPERTY Exhibit P5 THE TRUE COPY OF THE STATEMENT FILED BY THE TAHSILDAR IN W.P.(C)11382/2022 Exhibit P6 THE TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT LLMC TAKEN ON 02.03.2020 Exhibit P7 TRUE COPY OF THE STATEMENT FILED BY 3RD RESPONDENT IN W.P(C) 30553/2022 (WITHOUT ANNEXURE) Exhibit P8 PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PETITIONER'S PROPERTY