Kerala High Court
Sebastian vs The Local Level Monitoring Committee on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 6169 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 6169 OF 2017
PETITIONER/S:
SEBASTIAN
AGED 57 YEARS
S/O LUKOSE, AGED 57 YEARS, MULLAKUNNEL HOUSE,PULLUR
P.O. PULLUR VILLAGE,MUKUNDAPURAM TALUK, THRISSUR
DIST-680 683
BY ADV SRI.JITHIN VARGHESE
RESPONDENT/S:
1 THE LOCAL LEVEL MONITORING COMMITTEE
MURIYAD GRAMA PANCHAYATH THRISSUR DIST. REP. BY ITS
CONVENOR, AGRICULTURE OFFICER, MURIYAD, THRISSUR
DIST- 680 001
2 THE DISTRICT EXPERT COMMITTEE
REP. BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER
THRISSUR- 680 001
3 THE VILLAGE OFFICER
PULLUR VILLAGE,THRISSUR DIST- 680 001
4 THE DISTRICT COLLECTOR
THRISSUR DIST- 680 001
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6169 OF 2017 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 6169 of 2017
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Dated this the 11th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"1. Call for the records leading to the issuance of Exhibit P4
stop memo issued by the third respondent as set aside the
same as illegal by issuing a writ of certiorari.
2. Call for the records leading to the issuance of Exhibit P5
order of the fourth respondent and delete the condition in it so
as to the petitioner shall not do any activity in the pond
situated in the property.
3. Issue a writ of mandamus or any other appropriate writ,
direction or order directing the first respondent to receive and
consider the application of petitioner for correction of entry in
draft data bank prepared under Act 28 of 2008 and correct the
entry in the draft data bank regarding the property of
petitioner as pond instead of paddy land by receive and
consider Exhibit P6 application submitted by the petitioner.
4. Issue such other writ, orders or directions, which this
Honourable Court may deem fit and proper in the interest of
justice and circumstances of the case. [sic]"
2. The grievance of the petitioner is regarding the
nature of the land which is shown as 'nilam'. Ext.P4 is the stop
memo issued by the Village Officer. The petitioner has got
remedy as per the Kerala Conservation of Paddy Land and
Wetland Act, 2008 (for short "Act, 2008") for changing the
description of the property. The petitioner is at liberty to file
appropriate application as per the provisions of Act, 2008.
Granting liberty to the petitioner to do the needful in
accordance with law, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 6169/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE
THIRD RESPONDENT TO THE PETITIONER DATED
02-05-2016
EXHIBITP2 TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT DATA BANK IN CONNECTION WITH THE
PROPERTY OF PETITIONER HAVING AN EXTENT OF
2.02 ARES ISSUED BY THE THIRD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED
BY THE THIRD RESPONDENT DATED 19-05-2016
IN CONNECTION WITH SEIZURE OF MACHINE AND
LORRY FROM THE PROPERTY OF PETITIONER
EXHIBIT P4 TRUE COPY OF THE STOP MEMO ISSUED BY THE
THIRD RESPONDENT DATED 02-05-2016
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 18-12-2016
ISSUED BY THE FOURTH RESPONDEN
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 27-01-
2017 SUBMITTED BY THE PETITIONER BEFORE
THE FIRST RESPONDENT
