Jobby Thomas Thoonatt vs The State Of Kerala
2024 Latest Caselaw 15091 Ker

Kerala High Court

Jobby Thomas Thoonatt vs The State Of Kerala on 4 June, 2024

Author: P Gopinath

Bench: P Gopinath

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                       WP(C) NO. 12495 OF 2015
PETITIONER:

               JOBBY THOMAS THOONATT,
               AGED 34 YEARS,
               S/O.THOMAS THOONATT,RESIDING AT THOONATT HOUSE,
               PAYYAVOOR P.O., KANNUR-670 632.
               BY ADV SRI.MAHESH V RAMAKRISHNAN


RESPONDENTS:

    1          THE STATE OF KERALA,
               REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT.&
               COMMISSIONER OF AGRICULTURAL PRODUCTION,
               SECRETARIAT,THIRUVANANTHAPURAM-697 001.
    2          THE DISTRICT COLLECTOR,
               KANNUR-670 002.
    3          THE LOCAL LEVEL MONITORING COMMITTEE,
               PAYYAVOOR, REPRESENTED BY ITS CHAIRMAN,
               THE AGRICULTURAL OFFICER, KRISHI
               BHAVAN,PAYYAVOOR,KANNUR DISTRICT-670 632.
    4          THE VILLAGE OFFICER,
               PAYYAVOOR VILLAGE,KANNUR DISTRICT-670 632.
               SRI. VENUGOPAL V (GP)


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   04.06.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12495 OF 2015
                                    2



                              JUDGMENT

This writ petition was filed challenging the inclusion of the

land belonging to the petitioner in the draft data bank as paddy

land and also being aggrieved by Exts.P3 and P5 orders, through

which the petitioner was directed to restore the land to its original

condition.

2. When this matter is taken up for consideration today,

the learned counsel for the petitioner submits that the petitioner

may be permitted to make an application for correcting the entries

in the data bank in terms of the provisions contained in the

proviso to Section 5(4) of the the Kerala Conservation of Paddy

Land and Wetland Act, 2008 (hereinafter referred to as 'the 2008

Act').

Having considered the submission made by the learned

counsel for the petitioner and the learned Government Pleader and

having regard to the facts and circumstances of the case, this writ

petition will stand disposed of permitting the petitioner to make an

application in terms of the proviso to Section 5(4) of the 2008 Act

for correction of entries in the data bank if he has a case that the WP(C) NO. 12495 OF 2015

entries were incorrect in any manner. Exts.P3 and P4 orders

directing the petitioner to restore the land will stand suspended for

the time being to enable the petitioner to move the application as

aforesaid. If it is ultimately found that the land of the petitioner

was correctly classified as paddy land and if the same has been

illegally converted, the petitioner will be liable to comply with

Exts.P3 and P5 orders.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 12495 OF 2015

APPENDIX OF WP(C) 12495/2015

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED DATED 14.10.2011 EXECUTED BY SMT.SREELATHA SURESH IN FAVOUR OF THE PETITIONER AND HIS BROTHER.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 23.05.2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND OTHERS.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 23.11.2013 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK OF PAYYAVOOR GRAMA PANCHAYATH DATED NIL.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 24.10.2014 PASSED BY THE 1ST RESPONDENT.