Lakshmi Narayanan Potti vs The State Of Kerala
2023 Latest Caselaw 3661 Ker

WP(C) NO. 35388 OF 2022
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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                            WP(C) NO. 35388 OF 2022
PETITIONER/S:

              LAKSHMI NARAYANAN POTTI
              AGED 55 YEARS
              S/O. JANARDHANAN POTTI, LAKSHMI NIVAS, SANATHANAPURAM PO,
              AMBALAPUZHA, ALAPPUZHA, PIN-688003.
              BY ADVS.
              SANTHOSH PETER (MAMALAYIL)
              P.N.ANOOP
              K.C.SALMAN
              AJAY V.ANAND
              SMITHA PILLAI
              M.S.SANDEEP SUDHAKARAN


RESPONDENT/S:

     1        THE STATE OF KERALA
              REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
     2        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682001.
     3        TAHAZILDAR
              TALUK OFFICE, KANAYANNUR, ERNAKULAM, PIN-682035
     4        VILLAGE OFFICER
              MARADU, ERNAKULAM, PIN-682040.
     5        AGRICULTURAL OFFICER/ CONVENER
              LOCAL LEVEL MONITORING COMMITTE, MARADU MUNCIPALITY, PIN-
              682304.
     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35388 OF 2022
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                             VIJU ABRAHAM, J

                      WP(C) No.35388 of 2022
                                  th
              Dated this the 29        day   of   March 2023

                             J U D G M E N T

Petitioner has approached this court aggrieved by Ext.P6

order wherein his Form 5 application has been rejected for the

sole reason that in the inspection conducted by the LLMC, the

property was shown as water log. The decision reported in

Mather Nagar Residence Association & Another Vs. District

Collector, Ernakulam & Others [2020 (2) KHC 94] has held

that merely because a land is lying fallow and gets water

logged during rainy season or otherwise due to the low lying

nature of property it cannot be termed as Wet Land or Paddy

Land under the Act. A perusal of Ext.P6 order would reveal

that none of the parameters for consideration of Form 5

application has been considered. The prime aspect to be

considered is as to whether the nature of the property and

whether the property is fit for paddy cultivation as on the date

of coming into force of the Act, 2008, which has not been done

in the present case. Since none of these aspects are WP(C) NO. 35388 OF 2022

considered, Ext.P6 is set aside with a direction to the second

respondent to reconsider the matter within a period of two

months from the date of receipt of a copy of this judgment.

Petitioner is free to submit his argument note before the

second respondent, the contentions taken therein shall be duly

adverted to while the application is reconsidered as directed

above.

With the above said directions, the writ petition is

disposed of.

sd/-

R.AV                                        VIJU ABRAHAM, JUDGE
 WP(C) NO. 35388 OF 2022




                APPENDIX OF WP(C) 35388/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE TAX RECEIPT DATED
                    17/8/2022.
Exhibit P2          TRUE COPY OF THE JUDGMENT DATED 28/9/2021

IN WP (C) NO.16783/2021 OF THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE KSRSEC REPORT DATED 13/01/2022.

Exhibit P4 TRUE COPY OF THE REPORT OF LLMC SUBMITTED BY THE 5TH RESPONDENT DATED 11/02/2022. Exhibit P5 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE NATURE OF THE PROPERTY.

Exhibit P6 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 03/8/2022.