Kerala High Court
Shibu Mathew vs The Local Level Monitoring Committee on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 19927 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 19927 OF 2018
PETITIONER/S:
SHIBU MATHEW
AGED 42 YEARS
AGED 42 YEARS, S/O. MATHEW,KARUMATHI @ KOTTANGERI
HOUSE, AKAPPARAMBU,NEDUMBASSERI, ALUVA-683 589
BY ADVS.
SRI.ALEX.M.SCARIA,
SRI.JUSTIN J THEKKEDAM
SRI.G.BAIJURAJ
SMT.SARITHA THOMAS
RESPONDENT/S:
1 THE LOCAL LEVEL MONITORING COMMITTEE
KANJOOR GRAMA PANCHAYATH, REPESENTED BY ITS
CONVENOR,ARICULTURAL OFFICER, KANJOOR-683 575
2 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM 682 030
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO. 19927 OF 2018 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 19927 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"A. Issue a declaration to the effect that the inclusion of
Exhibit P1 land in the Exhibit P8 data bank is illegal and
was without authority,
B To issue a declaration to the effect that the Kerala
Land Utilization Order is not applicable to Exhibit P1 land
which was converted into garden land prior to introduction
of the Kerala Land Utilization Order as evident from
Exhibit P11 and P12 documents;
C. Writ of Mandamus or any other Writ, order or
direction commanding and compelling the 1st respondent
to delete the wrong entry made in Exhibit-P8 pertaining to
10 cents of land covered by Exhibit-P1 suo motu
D. Issue a Writ of Mandamus or any other Writ, order or
direction commanding and compelling the 2 nd respondent
to correct the mistake in respect of the entry pertaining to
10 cents of land covered by Exhibit-P1 in Re-Survey No.
51/4 of Block No.29 by changing it as a garden land in
Exhibit P10 in tune of Exhibit P11 and P12 irrespective of
the presence or absence of Exhibit P8." [sic]
2. The main prayer in this writ petition is for a
declaration to the effect that the inclusion of Ext.P1 land in
Ext.P8 Data Bank is illegal and without any authority.
3. Heard Adv. Justin J Thekkedam, learned counsel
appearing for the petitioner and the learned Government
Pleader.
4. The petitioner has got remedy as per Kerala
Conservation of Paddy Land and Wetland Act, 2008 to
remove the entry in the Data Bank. In such circumstances,
this writ petition need not be retained here.
Granting liberty to the petitioner to file appropriate
application before the competent authority in accordance
with Kerala Conservation of Paddy Land and Wetland Act,
2008, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 19927/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE DEED BEARING
NO.4395/2017 OF SREEMOLANAGARAM SUB
REGISTRY
EXHIBIT P2 TRUE COPY OF THE SALE DEED BEARING
NO.1054/2007 OF SREEMOLANAGARAM SUB
REGISTRY
EXHIBIT P3 TRUE COPY OF THE SALE DEED BEARING
NO.1254/2007 OF SREEMOLANAGARAM SUB
REGISTRY
EXHIBIT P4 A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 18/08/2017 ISSUED BY THE VILLAGE
OFFICER, KIZHAKKUMBAGAM
EXHIBIT P5 A TRUE COPY OF THE SALE DEED BEARING
NO.278/1994 OF SREEMOLANAGARAM SUB
REGISTRY
EXHIBIT P6 A TRUE COPY OF THE LOCAL SKETCH IN
RESPECT OF THE EXHIBIT P1 LAND
EXHIBIT P7 TRUE PHOTOGRAPHS OF THE EXHIBIT -P1
LAND, WHICH WOULD SHOW THE NATURE AND
LIE OF THE LAND
EXHIBIT P8 THE RELEVANT PAGE FROM THE DRAFT DATA
BANK PREPARED BY THE 1ST RESPONDENT IN
RESPECT TO 10 CENTS OF LAND COMPRISED IN
EXHIBIT P9 A TRUE COPY OF THE RELEVANT EXTRACT OF
THE THANDAPER REGISTER
EXHIBIT P10 A TRUE COPY OF THE THANDAPER ACCOUNT
DATED 11/01/2018 ISSUED BY THE VILLAGE
OFFICER
EXHIBIT P11 TRUE COPY OF THE THANDAPER REGISTER IN
RESPECT OF 1.75 CENTS OF LAND COMPRISED
EXHIBIT P12 A TRUE COPY OF THE RELEVANT EXTRACT OF
THE FILED REGISTER IN RESPECT OF LAND
COMPRISED OF RE-SURVEY NO.51/4
