Kerala High Court
Ravisankar C K vs State Of Kerala on 21 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
WP(C) NO. 6808 OF 2018
PETITIONER/S:
SRI. RAVISANKAR C K, AGED 50 YEARS,
S/O.KRISHNA PILLAI,CHARUVEETILTHEKKATHIL,
MALLIKAMURI, PANADALAM THEKKEKARA VILLAGE,
THATTAYIL P.O., PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.B.KRISHNA KUMAR
SRI.A.CHANDRA BABU
SRI.DINESH THANKAPPAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, STATUE P.O.,
THIRUVANANTHAPURAM 695001.
2 THE SECRETARY, AGRICULTURE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695001.
3 THE DISTRICT COLLECTOR, COLLECTORATE,
PATHANAMTHITTA DISTRICT-689645
4 THE PRINCIPAL AGRICULTURE OFFICER,
MINI CIVIL STATION, PATHANAMTHITTA P.O.,
PATHANAMTHITTA DISTRICT 689645
5 THE AGRICULTURE OFFICER, KRISHI BHAVAN,
PANDALAM THEKKEKARA VILLAGE, THATTAYIL P.O.,
PATHANAMTHITTA DISTRICT- 689501.
ADDL. R6 IMPLEADED
6 SRI. G.BAIJU, BINU BHAVANAM,
PONGALADI PARANTHAL PO, ADOOR TALUK,
PATHANAMTHITTA DISTRICT.
W.P.(C) No.6808 of 2018 2
AS PER ORDER DATED 06.03.2018 IN IA NO.4113/2018
BY ADV. SRI. NOUSHAD K.A., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.6808 of 2018 3
EASWARAN S. , J.
-------------------------
W.P. (C) No.6808 of 2018
-----------------------------------
Dated this the 21st day of June 2024
JUDGMENT
The challenge in the writ petition is with regard to the
constitution of the Local Level Monitoring Committee in the
Pandalam Thekkekkara Panchayath. According to the petitioner
the 3rd respondent, District Collector, has no right to include a
person who is not in the select list prepared by the 4 th respondent.
Therefore a writ of certiorari calling for the records leading to
Ext.P2(a) is sought for.
2. A counter affidavit has been filed on behalf of the 3 rd
respondent, in which, it is stated that the Principal Agricultural
Officer, Pathanamthitta had submitted a Panel of farmers from 50
Panchayaths and 4 Municipalities of Pathanamthitta District as
stipulated in Section 5(2)(iv) of the Kerala Conservation of Paddy
Land and Wetland Act for reconstitution of the Local Level
Monitoring Committee. As per the said Act, the role of the District
Collector is to constitute the Committee by selecting three
members from the above panel. The District Collector at
Pathanamthitta had reconstituted the Local Level Monitoring
Committee as per the provisions of the Kerala Conservation of
Paddy Land and Wetland Act on 27.01.2018 by selecting the 1 st
three consecutive members from the above panel and hence
Ext.P2(a) order issued by the District Collector is in accordance
with law.
3. I have heard Sri. Chandrababu, the learned counsel
appearing for the petitioner and the learned Government Pleader.
4. The learned Government Pleader would point out that as
per Section 6 of the Kerala Conservation of Paddy Land and
Wetland Act, the tenure of the non-official members of the
committee is only for a period of three years and the said period
had admittedly expired in the year 2021 and, therefore, the
challenge raised in the writ petition has become infructuous on
that count alone.
5. Admittedly, the tenure of the Local Level Monitoring
Committee has come to an end and no purpose would be served
by adjudicating the rival contentions raised by the parties.
Therefore, the interference to Ext.P2(a) has to be necessarily
declined. However, liberty is granted to the petitioner to ventilate
his grievances if the reconstitution of the committee takes place
and the illegality as alleged by the petitioner is perpetuated.
Reserving such liberty challenge against Ext.P2(a) is declined.
The writ petition is dismissed as infructuous.
Sd/-
EASWARAN S.
JUDGE
NS
APPENDIX OF WP(C) 6808/2018
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE FINAL LIST DATED 09.02.2018
NO.KBPT 22/2017-18 PREPARED BY THE 5TH RESPONDENT
OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXT.P2 TRUE COPY OF THE RECONSTITUTION ORDER DATED
27.01.2018, NO.C4- 43601/15(1) PASSED BY THE 3RD
RESPONDENT
EXT.P2(a) TRUE COPY OF THE ORDER RECONSTITUTION OF LLCM WITH
RESPECT TO PANDALAM THEKKEKARA PANCHAYATH
