Kerala High Court
Bharathan Kiliyankandi vs The Local Level Monitoring Committee on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 12696 OF 2024
PETITIONERS:
1 BHARATHAN KILIYANKANDI,
AGED 77 YEARS
S/O KRISHNANKUTTY, SECRETARY,
DATA BANK-NANCHA LAND ACTION COMMITTEE, FEROKE.P.O.,
KOZHIKEDE , RESIDING AT KILLIYANKANDI HOUSE,
FEROKE, KOZHIKODE, PIN - 673631
2 CHULLIYIL THAJUDDIN,
AGED 65 YEARS
S/O BAVA,MUNNILAMPADAM, PUTTEKKAD,
FEROKE, KOZHIKEDE, PIN - 673631
3 VICHUTTY,
AGED 65 YEARS
S/O KUNHIKANDAN, MOONNEDLYIL
HOUSE,KARUVANTHIRUTHY.P.O.,
FEROKE, KOZHIKODE, PIN - 673631
4 SUDHEESHKUMAR,
AGED 53 YEARS
S/O SREEDHARAN,MUNNAMTHODI KEEZHPPALLIYALIL HOUSE,
WEST NALLUR, FEROKE,
KOZHIKODE, PIN - 673631
5 SREEDHARAN,
AGED 73 YEARS
S/O APPU, THEKKEDATH HOUSE,
KARUVANTHIRUTHY, FEROKE,
KOZHIKODE, PIN - 673631
6 CHANDRAN.P.,
AGED 61 YEARS
S/O CHATHAN,PERULI, PALAKKODI.P.O.,
PUTTEKKAD, FEROKE,
KOZHIKODE, PIN - 673631
BY ADVS.
P.P.JACOB
JOHANS JACOB P.
-2-
WPC 12696/2024
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE,
AGED 61 YEARS
FEROKE MUNICIPALITY, FEROKE, KOZHIKODE,
REPRESENTED BY ITS CONVENER, PIN - 673631
2 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, FEROKE, KOZHIKODE, PIN - 673631
3 THE VILLAGE OFFICER,
OFFICE OF THE KARUVANTHIRUTHY VIIIAGE
OFFICE,KARUVANTHIRUTHY, KOZHIKODE, PIN - 673301
4 THE VILLAGE OFFICER,
OFFICE OF THE FEROKE VILLAGE OFFICE, FEROKE,
KOZHIKODE, PIN - 673301
5 THE CHAIRMAN,
LOCAL LEVEL MONITORING COMMITTEE, FEROKE
MUNICIPALITY, KOZHIKODE, PIN - 673631
6 THE PRINCIPAL AGRICULTURAL OFFICER,
FEROKE, CIVIL STATION,KOZHIKODE, PIN - 673020
7 THE DISTRICT COLLECTOR,
KOZHIKODE, COLLECTORATE, CIVIL STATION,
KOZHIKODE, PIN - 673020
8 THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
SMT.AMMINIKUTTY K ,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
WPC 12696/2024
MOHAMMED NIAS C.P., J.
---------------------
WP(C)No.12696 of 2024
---------------------------
Dated this the 21st day of May, 2024
JUDGMENT
The prayers in the writ petition are as follows:-
"(i) issue a writ of certiorari or any other writ order or direction calling
for the records leading to the issue of Ext.P1 draft data bank and quash
the same.
(ii) Issue a writ of mandamus or any other writ order or direction
directing the 7th respondent Government to consider Ext.P3 and Ext.P11
representations after giving full opportunity to the petitioners and to pass
positive order redressing the grievances of the petitioners.
(iii) Dispense with the filing of English translation of vernacular
documents.
(iv) Issue such other reliefs which may be deem it fit and proper in the
facts and circumstances of the above writ petition."
2. Learned counsel for the petitioner submits that in the entire area, no
wet land or paddy land coming within the meaning of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 (for short, 'the Act') exist and therefore prayed
for granting the reliefs sought. It will be for the individual owners to obtain
appropriate actions under the Act in case their properties are included in the data
bank or for other reliefs to be obtained under the Act. The writ petition at the
instance of the entire residents of the area on the contention that there is no
paddy land in existence in the entire village cannot be considered or entertained.
Without prejudice to the rights of the petitioners to take appropriate steps under
the Act in case a cause of action arises, this writ petition is closed.
The writ petition is accordingly closed.
Sd/-MOHAMMED NIAS C.P.
JUDGE
dlk/21.05.2024
APPENDIX OF WP(C) 12696/2024
PETITIONERS EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTIFICATION OF DRAFT
DATA BANK DATED 22 3.2012 VIDE NO. A3-
6624/12 PUBLISHED BY SECRETARY, FEROKE
MUNICIPALITY
EXHIBIT P2 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE
PUBLIC INFORMATION OFFICER, KARUVANTHIRUTHY
VILLAGE DATED 22.9.21
EXHIBIT P3 TRUE PHOTOCOPY OF THE SAID RESOLUTION DATED
26.3.23 WITH COVERING LETTER DATED
26.3.23SUBMITTED TO THE GOVERNMENT WITH
COVERING LETTER DATED 28.3.23
EXHIBIT P4 TRUE PHOTOCOPY OF THE SAID REPORT FURNISHED
BY THE AGRICULTURAL OFFICER TO THE
PRINCIPAL AGRICULTURAL OFFICER DATED 1.7.23
EXHIBIT P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED
7.8.23 FILED BEFORE THE PRINCIPAL
AGRICULTURAL OFFICER
EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION FILED
BEFORE THE DISTRICT COLLECTOR DATED 6.9.23
EXHIBIT P7 TRUE PHOTOCOPY OF THE SAID LETTER ISSUED BY
THE PRINCIPAL AGRICULTURAL OFFICER DATED
13.10.23 TO THE PETITIONER
EXHIBIT P8 TRUE PHOTOCOPY OF THE REPLY ISSUED BY THE
STATE PUBLIC INFORMATION OFFICER DATED
13.12.23 TO THE PETITIONER
EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE
STATE PUBLIC INFORMATION OFFICER,
AGRICULTURAL OFFICE, FEROKE DATED 17.1.23
EXHIBIT P10 TRUE PHOTOCOPY OF THE LETTER DATED 15.2.23
EXHIBIT P11 TRUE PHOTOCOPY OF THE RESOLUTION DATED
11.2.2024 ALONG WITH COVERING LETTER DATED
13.2.2024 FORWARDED TO THE CHIEF MINISTER
OF KERALA BY THE OFFICE BEARERS OF THE
ACTION COMMITTEE
