Simi Vishnu vs State Of Kerala
2024 Latest Caselaw 26760 Ker

Kerala High Court

Simi Vishnu vs State Of Kerala on 5 September, 2024

W.P.(c) No.657 of 2021                1

                                                  2024:KER:68159

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                         WP(C) NO. 657 OF 2021

PETITIONER:

               SMT.SIMI VISHNU,
               AGED 36 YEARS
               D/O. PADMANABHAN, RESIDING AT MUNDAKKA PARAMBIL,
               KAVUMBHAGAM VILLAGE, PATHANAMTHITTA DISTRICT

               BY ADVS.
               S.SREEKUMAR (KOLLAM)
               V.BEENA
               K.VIJAYAN


RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM-695001

      2        THE DISTRICT COLLECTOR,
               CIVIL STATION, PATHANAMTHITTA DISTRICT-689645

      3        THE CONVENER,
               LOCAL LEVEL MONITORING COMMITTEE/AGRICULTURAL
               OFFICER, KRISHIBHAVAN, PERINGARA, CHATHENKERY
               P.O., THIRUVALLA-689112


OTHER PRESENT:

               SMT.PREETHA K.K., SR.GP
        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(c) No.657 of 2021                        2

                                                                2024:KER:68159

                           MOHAMMED NIAS C.P.,J
                        ---------------------
                            W.P.(c) No.657 of 2021
                    ---------------------------
                    Dated this the 5th day of September, 2024

                                   JUDGMENT

The prayers in this writ petition are as follows:-

1. Issue a writ of mandamus or such other writ, direction or order compelling the 2nd and 3rd respondents to consider and pass order in Exhibit P3 order of the Hon'ble High Court dated 29.11.2017 affording an opportunity of hearing to the petitioner within a time frame to be fixed by this Hon'ble Court.

2. Issue such other writ or direction this Hon'ble court may deem fit to pass in the circumstances of the case.

2. A counter affidavit has been filed on behalf of the 2 nd

respondent stating that, pursuant to Ext.P3 judgment, an inspection

was conducted, wherein it was found that a portion of land is paddy

land and the other portion is waterlogged and a canal is flowing on the

western side of the property. In the data bank published on 24.03.2012,

the property in Re-survey No.323/2 is noted as converted land and

property in Re-survey No.323/3 and 323/4 are noted as paddy land.

2024:KER:68159

Therefore, they could not be removed from the data bank. These

matters were reported by the LLMC. Accordingly, the respondents

submit that the property could not be removed from the data bank and

they complied with the directions in Ext.P3 judgment.

3. The contention of the petitioner that Ext.P3 judgment has

not been complied with is absolutely wrong given the undisputed facts

mentioned above.

4. If the petitioner's property is included in the data bank, it is

for the petitioner to move appropriate application under the provisions

of the Kerala Conservation of Paddy Land and Wetland Act and Rules.

No relief can granted in this writ petition and the same is

accordingly dismissed.

Sd/-

MOHAMMED NIAS C.P. JUDGE bng

2024:KER:68159

APPENDIX OF WP(C) 657/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPTS NO.1430334 DATED 29.10.2015 ISSUED BY THE KAVUMBHAGAM VILLAGE OFFICER.

EXHIBIT P2 THE TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 29.11.2017 IN WP(C) NO.32800/2017.