Lr.Sasikumar vs State Of Kerala
2024 Latest Caselaw 8984 Ker

Kerala High Court

Lr.Sasikumar vs State Of Kerala on 27 March, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                         WP(C) NO. 1327 OF 2016
PETITIONER/S:

          LR.SASIKUMAR
          S/O.VELAYUDAVILASOM VEETTIL RAGHAVA MENON,EDAPPALLY
          VADAKKUMBHAGAM VILLAGE,CHERANALLOOR,NOW RESIDING AT
          "PERAMANA",BOAT JETTY ROAD,VADUTHALA.P.O,KOCHI-23.

          BY ADV SMT.M.R.JAYALATHA



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE
          GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

    2     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER AND AGRICULTURE OFFICER,
          CHERANALLOOR PANCHAYATH,ERNAKULAM DISTRICT-682027.

    3     AGRICULTURE OFFICER
          KRISHI BHAVAN,CHERANALLOOR PANCHAYATH,ERNAKULAM
          DISTRICT-682027.

    4     THE VILLAGE OFFICER
          CHERANALLOOR VILLAGE OFFICE,ERNAKULAM DISTRICT-682027.


OTHER PRESENT:

          SRI. VENUGOPAL V (GP)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.1327/2016                  -2-

                              JUDGMENT

The petitioner filed Ext.P7 application for removal of certain land

belonging to the petitioner from the Data Bank under the provisions of the

Kerala Conservation of Paddy Land and Wetland Act, 2008 (In short 'the

2008 Act'). The same has been rejected by Ext.P10 communication issued by

the Agricultural Officer, Krishi Bhavan, Cheranelloor.

2. The learned counsel appearing for the petitioner refers to the

judgment of this court in Muraleedharan Nair R. v Revenue

Divisional Officer; 2023 (4) KHC 524, which indicates that the

Agricultural Officer could not have taken a decision on Ext.P7 application

filed by the petitioner. It is pointed out that going by the provisions of the

2008 Act the said decision can be taken either by the Local Level Monitoring

Committee (In short 'the LLMC') or the Revenue Divisional Officer. It is

submitted that the petitioner has preferred Ext.P13 before the LLMC and the

same may be directed to be considered by the LLMC.

3. The learned Government Pleader does not seriously disputed the

above position that Ext.P7 application of the petitioner could not have been

considered and disposed of by the Agricultural Officer.

4. Having heard the learned counsel appearing for the petitioner and

the learned Government Pleader and having regard to the law laid down by

this court in Muraleedharan (supra), this writ petition will stand disposed

of setting aside Ext.P10 and directing that Exts.P7 and P13 applications filed

by the petitioner shall be considered by the LLMC in accordance with the

provisions contained in the Kerala Conservation of Paddy Land and Wetland

Act, 2008 after affording an opportunity of hearing to the petitioner, within a

period of 5 months from the date of receipt of a certified copy of this

judgment.

I make it clear that I have not expressed any opinion on the merits of

the matter and it will be open to the LLMC to consider the matter in

accordance with the 2008 Act.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 1327/2016

PETITIONER EXHIBITS

P1 A TRUE COPY OF THE DOCUMENT NO.53/91 DATED 24.10.1991

P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 24.6.2015

P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 30.7.2015

P4 A TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER ISSUED BY THE VILLAGE OFFICER CHERANALLOR

P5 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PROPERTY OF THE PETITIONER( 5 NOS.)

P6 A TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK ISSUED BY THE AGRICULTURAL OFFICER CHERANALLOOR

P7 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 20.7.2015

P8 A TRUE COPY OF THE FAIR VALUE OF LAND WITH RESPECT OF THE RE.SY 462/8 IN BLOCK NO.4 OF CHERANALLOOR VILLAGE

P9 A TRUE COPY OF THE JUDGMENT DATED 7.8.2015 IN WP(C)NO:23213/2015

P10 A TRUE COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 15.12.2015

P11 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE JOHN X PAUL.

P12 A TRUE COPY OF THE REPORT DATED 21-11-2017 SUBMITTED BY THE VILLAGE OFFICER, CHERANELOOR TO THE REVENUE DIVISIONAL OFFICER.

P13 A TRUE COPY OF THE APPLICATION DATED 14.11.2017 SUBMITTED TO THE LOCAL LEVEL MONITORING COMMITTEE.