Joy.K. Mani vs State Of Kerala
2023 Latest Caselaw 2758 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(C) NO. 6767 OF 2023
PETITIONER:

          JOY.K. MANI
          AGED 48 YEARS
          S/O MANI, KAIPPUZHA KANNIYARKUDIYIL HOUSE,
          KARIMKUNNAM.P.O., THODUPUZHA, IDUKKI, PIN - 685586
          BY ADV GIKKU JACOB
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISION OFFICE, IDUKKI, PIN - 685586
    3     THE VILLAGE OFFICER
          KARIMKUNNAM VILLAGE, THODUPUZHA, IDUKKI, PIN - 685586
    4     LOCAL LEVEL MONITORING COMMITTEE
          KARIMKUNNAM GRAMA PANCHAYATH, REPRESENTED BY
          CONVENER/AGRICULTURE OFFICER, KRISHI BHAVAN,
          KARIMKUNNAM, THODUPUZHA, IDUKKI,, PIN - 685586
          SRI.APPU.P.S, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6767 OF 2023

                                        2




                                JUDGMENT

Dated this the 1st day of March, 2023

This writ petition is filed seeking the following prayer:

"(i) Issue of a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P-9 minutes of the meeting held on 08.02.2019 by the 4th respondent LLMC."

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 16.34 Ares of land in Survey

Nos.442/10-2, 442/10-1 and 442/9-1 of Karimkunnam Village in

Thodupuzha Taluk. It is submitted that the petitioner had submitted an

application for removing the property from the data bank in view of the

fact that the property had been converted long prior to 2008. It is

submitted that this Court had directed the consideration of the

application as well. Thereafter, a KSREC report had been obtained

which show that the property was under mixed vegetation from 2007

onwards. It is submitted that the LLMC had considered the request WP(C) NO.6767 OF 2023

made by the petitioner, but had come to an erroneous conclusion that

the property need not be removed from the data bank, since it is not

clear that long term crops had not been cultivated in the property in

2008. The learned counsel for the petitioner submits that if Ext.P11

report of the LLMC is acted upon by the RDO, the petitioner's

application will not be considered.

4. The learned Government Pleader submits that the report of the

LLMC is only recommendatory in nature and that the RDO has to take

an independent decision on the Form 5 application. It is submitted that

the petitioner has to await the decision of the RDO.

5. Having considered the contentions advanced and without

expressing any view on the merits of the matter, there will be a

direction to the 2nd respondent to consider and pass orders on the Form

5 application submitted by the petitioner, taking note of all relevant

aspects of the matter including the KSREC report and without relying

entirely on the minutes of the LLMC. Appropriate orders shall be

passed within a period of two months from the date of receipt of a copy

of this judgment.

WP(C) NO.6767 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.6767 OF 2023

APPENDIX OF WP(C) 6767/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 26.9.2022 ISSUED TO THE PETITIONER FROM VILLAGE OFFICE, KARIMKUNNAM Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK RELATE TO THE PETITIONER'S PROPERTY ISSUED FROM KARIMKUNNAM GRAMA PANCHAYAT Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 2.11.2018 IN W.P.(C) NO.35769/2018 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.35969/2018 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF THE LETTER DATED 19.2.2019 SENT BY 2ND RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE APPLICATION FILED ON 6.3.2019 IN FORM '6' BEFORE THE 2ND RESPONDENT Exhibit P6(a) TRUE COPY OF THE CHELLAN RECEIPT FOR PAYMENT OF PRESCRIBED FEES OF RS.1000/- ISSUED TO THE PETITIONER BY 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE MINUTES OF THE MEETING HELD BY 4TH RESPONDENT ON 10.7.2018 Exhibit P8 TRUE COPY OF THE KSREC REPORT DATED 28.1.2019 Exhibit P9 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 8.2.2019 BY THE 4TH RESPONDENT LLMC Exhibit P10 TRUE COPY OF THE COVERING LETTER DATED 9.7.2019 SENT BY 4TH RESPONDENT TO 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE LETTER DATED 8.2.2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT RESPONDENTS' EXHIBITS: NIL