Kerala High Court
Asha vs The Secretary on 22 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 17972 OF 2017
PETITIONER:
ASHA
AGED 43 YEARS, W/O.GOPAKUMAR, VINOD BHAVAN,
KADAMBATTUKONAM DESOM, NAVAIKULAM VILLAGE,
NAVAIKULAM P.O.,THIRUVANANTHAPURAM-695 603
BY ADVS.
SRI.R.SANTHOSH (VARKALA)
SRI.K.BAIJU KALLAMBALAM
SRI.A.CHANDRA BABU
SMT.S.V.HARITHA
SRI.S.JAYAKRISHNAN VARKALA
SRI.C.R.VIJAYAKUMARAN PILLAI
RESPONDENTS:
1 THE SECRETARY
LOCAL SELF GOVERNMENT INSITUTIONS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 AGRICULTURAL OFFICER & CHAIRMAN
LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER
KERALACONSERVATION OF PADDY LAND & WET LAND ACT, 2008,
AGRICULTURAL OFFICE, NAVAIKULAM P.O.,
THIRUVANANTHAPURAM-695 603
3 VILLAGE OFFICER
VILLAGE OFFICE, NAVAIKULAM, THIRUVANANTHAPURAM
4 DISTRICT COLLECTOR
THIRUVANANTHAPURAM CIVIL STATION, KUDAPPANAKKUNNU P.O.,
THIRUVANANTHAPURAM
5 SECRETARY
NAVAIKULAM GRAMA PANCHAYATH, NAVAIKULAM P.O.,
THIRUVANANTHAPURAM
BY ADV.
SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER
WP(C) NO. 17972 OF 2017
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17972 OF 2017
3
P.V.KUNHIKRISHNAN, J.
--------------------------------------------
W.P.(C) No.17972 of 2017
----------------------------------------------
Dated this the 22nd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) to declare that property of the petitioner covered
by Exhibit P-1 document situated in Re-Survey No.
13/1 of Navaikulam Village is not either paddy land
or wetland for the purpose of inclusion in the draft
Land Data Bank prepared as per the aforesaid Act.
ii) to direct the 2nd Respondent to exclude the
property belonging to the petitioner as per Exhibit
P-1 document from draft data bank and issue
certificate to that effect to the petitioner within the
time frame that may be fixed by this Hon'ble Court.
(iii) to direct the 4th Respondent to issue necessary
permission and Kerala Land Utilization order to
convert and use the aforesaid land for other purpose
within the time frame that may be fixed by this
WP(C) NO. 17972 OF 2017
Hon'ble Court.
(iv) to direct the 5th Respondent to make fresh
assessment and consequential charge in
classification of the land in the basic tax register
and other records.
(v) allowing the entire cost of this proceedings and;
(vi) such other reliefs as this Hon'ble court may deem
fit and proper to grant in the facts and circumstance
of the case for the interest of justice and equity." SIC
2. When this writ petition came up for
consideration on 30.05.2017, this Court passed the
following order:
"Admit. Government Pleader takes notice for
respondents 1, 3 and 4. Issue notice to the
respondents 2 and 5.
The petitioner shall produce a copy of the writ
petition before the Agricultural Officer, who is the
Convenor of the Local Level Monitoring Committee,
along with the copy of the Field Measurement Book
and Survey and Sub-division numbers with respect to
the property obtained from the concerned Village
Officer. The Agricultural Officer shall then seek a
WP(C) NO. 17972 OF 2017
report of the lie and nature of the property as it
remained on the date of coming into force of the
Kerala Conservation of Paddy Land and Wet Land
Act, 2008, from the Director, Kerala State Remote
Sensing and Environment Center (KSREC), Vikas
Bhavan, C- Block, Thiruvananthapuram, Kerala - 695
033. On the direction of the Agricultural Officer so to
do, the petitioner shall remit the required fees in the
name of the petitioners, C/o. the concerned
Agricultural Officer (showing the full address) before
the KSREC for obtaining such report and produce
such receipt before the Agricultural Officer. The
Agricultural Officer shall then obtain the report and
map from the KSREC, who shall issue the same on
the strength of the receipt produced by the
Agricultural Officer. The Agricultural Officer, on receipt
of the report, shall conduct physical inspection of the
property and submit a report before this Court as to
the lie and nature of the property, as it exists at
present, along with the report from the KSREC."
3. Accordingly, a report is presented by the
Agricultural Officer. The relevant portion of the report
is extracted hereunder:
"The plot was observed as paddy land and
agricultural land use till 2009. From the imagery of
WP(C) NO. 17972 OF 2017
14.10.2009 the plot was observed under
vegetation/building.
The Local Level Monitoring Committee (LLMC)
studied the facts in detail after conducting field
verification and analysis of satellite images. The
LLMC decided to keep the property of Smt. Asha as
paddy land in the paddy data bank of Navaikulam
village."
4. In the light of the same, if the petitioner is
aggrieved by the report and the decision of the LLMC,
he is free to challenge the same separately and also do
the needful, in accordance with the provisions of the
Kerala Conservation of Paddy Land and Wet Land Act,
2008.
With the above observation, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 17972 OF 2017
APPENDIX OF WP(C) 17972/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED
NO.3008/2004 OF NAVAIKULAM SRO DATED
02.12.2004
EXHIBIT P2 THE TAX RECEIPT NO.0614038 DATED
12.4.2016 ISSUED BY THE VILLAGE
OFFICER, NAVAIKULAM VILLAGE OFFICE
EXHIBIT P3 THE TRUE COPY OF THE BTR NO.5286 WITH
RESPECT TO THE PROPERTY COVERED
UNDER EXHIBIT P-1 DOCUMENT ISSUED BY
THE VILLAGE OFFICER, NAVAIKULAM
EXHIBIT P4 THE RELEVANT PAGE OF THE DRAFT DATA
BANK PREPARED BY THE 2ND RESPONDENT
SHOWING THE PROPERTY OF THE
PETITIONER COVERED UNDER EXHIBIT P1
SALE DEED
EXHIBIT P5 THE TWO PHOTOGRAPHS SHOWING THE
PRESENT NATURE OF THE PETITIONER'S
PROPERTY
EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED
11.01.2016 ISSUED BY THE 2ND
RESPONDENT
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
