Arafath Vattaparambath vs The Local Level Monitoring Committee
2024 Latest Caselaw 16055 Ker

Kerala High Court

Arafath Vattaparambath vs The Local Level Monitoring Committee on 7 June, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE EASWARAN S.
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                         WP(C) NO. 8972 OF 2018
PETITIONER/S:

            ARAFATH VATTAPARAMBATH
            AGED 45 YEARS
            S/O. HASSAN, VATTAPARAMBATH HOUSE, VALAMBUR,
            PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679325.

            BY ADVS.
            SRI.K.M.FIROZ
            SRI.E.C.AHAMED FAZIL
            SRI.P.C.MUHAMMED NOUSHIQ
            SMT.M.SHAJNA
            SMT.UMMUL FIDA


RESPONDENTS:

    1       THE LOCAL LEVEL MONITORING COMMITTEE
            ANGADIPPURAM, (VALAMBUR VILLAGE),
            REPRESENTED BY ITS CONVENER AND AGRICULTURAL OFFICER,
            OFFICE OF AGRICULTURAL OFFICER,
            VALAMBUR, MALAPPURAM DISTRICT-679325.

    2       THE DISTRICT COLLECTOR
            MALAPPURAM, CIVIL STATION, MALAPPURAM-676505.

    3       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-679101.

    4       AGRICULTURAL OFFICER
            OFFICE OF AGRICULTURAL OFFICER, VALAMBUR,
            PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679325.

    5       THE VILLAGE OFFICER
            VALAMBOOR, VILLAGE OFFICE,
            VALAMBUR, MALAPPURAM DISTRICT-679325.

    6       THE TAHSILDAR
            PERINTHALMANNA, MINI CIVIL STATION,
            PERINTHALMANNA-679322.
 WP(C) NO. 8972 OF 2018             -2-



    7          THE REVENUE DIVISIONAL OFFICER
               MINI CIVIL STATION, PERINTHALMANNA-679322.

    8          THE SUB REGISTRAR
               PERINTHALMANNA, SUB REGISTRAR OFFICE,
               PATTAMBI ROAD, PERINTHALMANNA-679322.
BY ADV:

               SMT. PREETHA. K. K, Sr. G. P.


        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   07.06.2024,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8972 OF 2018             -3-



                               JUDGMENT

The reliefs sought for in the writ petition are as

follows:

"i) To call for the records leading to Exhibits P1 to P3 and direct the first respondent Local Level Monitoring Committee to dispose of Exhibit P1 application as expeditiously as possible by issuing a writ of mandamus or any other appropriate writ direction or order.

ii) To direct the 2nd respondent to keep in abeyance the further proceedings as per Exhibit P2 order pending disposal of Exhibit P1 application by issuing a writ of mandamus or any other appropriate writ direction or order.

iii) To direct the third respondent to keep in abeyance the passing of orders in Exhibit P3 revision petition pending disposal of Exhibit P1 application by issuing a writ of mandamus or any other appropriate writ direction or order.

iv) to grant such other reliefs in favour of the Petitioner as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case."

2. Admittedly, the petitioner's land is included in

the Data Bank. However, the petitioner submits that as

against the order passed by the District Collector to

restore the nature of the land under Ext.P2 order has

been challenged before the Secretary to Government,

Department of Revenue, Government of Kerala by filing

Ext.P3 Revision Petition. The petitioner submits that the

revision is yet to be taken up for consideration and

consequential order has not been passed.

3. The learned Government Pleader appearing on

behalf of the respondents submits that the property of

the petitioner is already included in the Data Bank. If

that be so, the District Collector cannot be found fault

with issuing Ext.P2 direction and therefore any direction

from this Court to the Government to consider Ext.P3

Revision Petition becomes fait accompli.

4. On the other hand, Sri.K.M.Firoz, learned

counsel appearing for the petitioner submits that under

proviso to sub-clause (4) of Section 5 of the Kerala

Conservation of Paddy Land and Wet Land Act enables

him to move an application before the Revenue Divisional

Officer (RDO) for correction of entry in the Data Bank.

Therefore, I deem it appropriate to close this writ

petition without prejudice to the liberty of the petitioner

to move an application under Form 5.

Sd/-

EASWARAN S. JUDGE

vv

APPENDIX OF WP(C) 8972/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF APPLICATION DATED 18.02.2018 PREFERRED BY PETITIONER BEFORE FIRST RESPONDENT, LOCAL LEVEL MONITORING COMMITTEE.

EXHIBIT P2 TRUE COPY OF ORDER AS PER FILE NO.

DCMPM/827/2018-B2 DATED 01.02.2018 ISSUED BY THE 2ND RESPONDENT, DISTRICT COLLECTOR, MALAPPURAM.

EXHIBIT P3 TRUE COPY OF REVISION PETITION DATED 18.02.2018 SUBMITTED BY THE PETITIONER BEFORE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, THE THIRD RESPONDENT UNDER SECTION 28 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT.