Niyas K. C vs State Of Kerala
2024 Latest Caselaw 33075 Ker

Kerala High Court

Niyas K. C vs State Of Kerala on 14 November, 2024

                                             2024:KER:85994

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR. JUSTICE P.M.MANOJ

 THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,

                           1946

                  WP(C) NO. 15664 OF 2020

PETITIONER:
          NIYAS K. C.
          AGED 58 YEARS
          S/O. IBRAHIM, MEHFIL HOUSE,
          KOOTHUPARAMBU, KANNUR, PIN - 670 643.

         BY ADVS.
         K.P.SANTHI
         SMT.TARA PREM


RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2    THE DISTRICT COLLECTOR
         CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

    3    THE REVENUE DIVISIONAL OFFICER
         FORTKOCHI, ERNAKULAM - 682 001.

    4    THE TAHSILDAR
         KANAYANNUR TALUK, PARK AVENUE ROAD, KOCHI - 682
         011.

    5    LOCAL LEVEL MONITORING COMMITTEE
         KAKKANAD KRISHI BHAVAN, KANAYANNUR TALUK,
         ERNAKULAM - 682 030.

         SRI.RIYAL DEVASSY,GOVERNMENT PLEADER

     THIS WRIT PETITION     (CIVIL) HAVING COME UP       FOR
ADMISSION ON 14.11.2024,    THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P. (C) No.15664 of 2020
                                      2


                                                           2024:KER:85994

                                P.M. MANOJ, J
                        -----------------------------------
                        W.P.(C) No.15664 of 2020
                  ----------------------------------------------
              Dated this the 14th day of November, 2024


                                JUDGMENT

The writ petition is preferred being aggrieved by non-

consideration of application for correction of entry in the

Data Bank. However, in a later stage, during pendency of

the writ petition, on considering the application, the LLMC

met on 04.01.2016 after visiting the site observed that the

property was converted much prior to 12.08.2008. It

further observed that coconut trees and other trees are

existing in the property.

2. On such findings, it was decided to consider the

paddy land as converted land, and it was also decided to

make necessary corrections in the Data Bank. Under such

circumstances, the petitioner is directed to approach the

competent authority in the light of the recommendation

made by the LLMC for correcting the entry in data bank.

Accordingly, the writ petition is disposed of.

Sd/-

P.M. MANOJ JUDGE SSS

2024:KER:85994

APPENDIX OF WP(C) 15664/2020

RESPONDENT ANNEXURES

EXHIBIT R5(a) True copy of the decision of the LLMC dated 04.01.2016

PETITIONER EXHIBITS

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 3.8.2015 SUBMITTED TO THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 1.9.2015 SUBMITTED TO THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 3.10.2015 OF THE 4TH RESPONDENT.

EXHIBIT P1 TRUE COPY OF THE REPORT DATED 5.1.2013 OF THE VILLAGE OFFICER, KAKKANAD.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 29.09.2015 IN WP(C0 NO.29495 OF 2015 OF THIS HONORABLE COURT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 19.2.2020 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 1.9.2015 UNDER CLAUSE 6(2) OF KLU SUBMITTED TO THE 3RD RESPONDENT.