Kerala High Court
Santhigiri Ashram vs State Of Kerala on 26 June, 2025
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W.P.(C) No.33310 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(C) NO. 33310 OF 2018
PETITIONER:
SANTHIGIRI ASHRAM,
(REG.NO. 88/78), SANTHIGIRI P.O.,
POTHENCODE, THIRUVANANTHAPURAM - 695 589,
REPRESENTED BY ITS GENERAL SECRETARY,
SWAMI CHAITHANYA NJANA THAPASWI.
BY ADVS.
SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
2 THE TAHSILDAR,
CHITTOOR, PALAKKAD DISTRICT-678001.
3 THE VILLAGE OFFICER,
KODUMBU, PALAKKAD DISTRICT-678551.
4 LOCAL LEVEL MONITORING COMMITTEE,
KODUMBU VILALGE, REPRESENTED BY ITS CONVENOR,
THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
KODUMBU, PALAKKAD DISTRICT-678551.
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W.P.(C) No.33310 of 2018
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5 THE PRESIDENT,
THE KODUMBU GRAMA PANCHAYATH,
KODUMBU P.O., PALAKKAD-678551.
6 THE KODUMBU GRAMA PANCHAYATH,
KODUMBU P.O., PALAKKAD-678551,
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.SUSEEL M.MENON
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.33310 of 2018
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JUDGMENT
The petitioner, a Charitable Society, has filed the captioned
writ petition, pointing out that it is in possession of certain
properties at Kodumbu Village in Palakkad District. The
petitioner contends that it has filed an application under Form
5 of the Kerala Conservation of Paddy Land and Wetland Act,
2008 ('the Act', for short), seeking the afore property to be
removed from the data bank. By Ext.P10 order issued by the
Local Level Monitoring Committee (LLMC), the application so
filed was rejected. It is in such circumstances that the captioned
writ petition is filed by the petitioner.
2. I have heard Sri.K.C.Santhosh Kumar, the learned
counsel for the petitioner and Sri.T.Jayan, the learned
Government Pleader.
3. A reading of Ext.P10 order would show that the LLMC
has placed considerable reliance on some oral evidence
obtained from the President of the Padasekhara Samithi as
well as the Secretary. This Court notices that the petitioner has
not been put to notice as regards the afore evidence obtained
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from the third parties. This Court further notices that the
LLMC sought to rely on Ext.P11 report obtained from the Kerala
State Remote Sensing and Environment Centre (KSREC).
A reference to Ext.P11 report of the KSREC shows that they
themselves admit that the observations therein have been
made "without physical verification". Furthermore, they admit
that the details as regards the year 2008 - which, according to
this Court, is the crucial year insofar as the position as regards
the property as on the date of the Act is to be noticed - were
not available.
4. This Court also notices the fact that during the
pendency of this writ petition, pursuant to an application filed
by petitioner, an Advocate Commissioner was appointed for
carrying out an inspection of the property and also for reporting
the lie nature of the same, including the nature of the
vegetation contained therein. The learned Advocate
Commissioner has carried out a detailed inspection and has also
placed on record a report dated 07.10.2024, wherein the
following observations have been made;
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"5. Observations Regarding Vegetation:
The plots were extensively covered with shrubs and a
diverse range of tree species, including several mature
trees with substantial trunks. The officials of the petitioner
who were present at the time of the inspection informed
that the said trees were more than 70 years old. The dense
vegetation rendered access to the central portions of the
plots quite challenging, as the shrubs were nearly half the
height of an average individual. Different types of
vegetation found in the said plots are given below.
Sl.
Name Number
No.
"
5. On a prima facie consideration of the observations in
the report of the learned Advocate Commissioner, I am of the
opinion that the stand of the petitioner is more probable. This
Court also takes note of the stand taken by Sri.Jayan, on behalf
of the respondents, that they need to file an objection to the
learned Advocate Commissioner's report. However, insofar as
the report is filed in the month of October, 2024, I do not
propose to grant further time for filing objections in the matter.
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In such circumstances, I allow this writ petition, by setting
aside Ext.P10, with the following directions;
(i) There will be a direction to the 4th respondent
Committee to reconsider the issue afresh after
physical verification of the property with specific
reference to the report of the learned Advocate
Commissioner dated 07.10.2024, filed before this
Court in the presence of the petitioner.
(ii) The petitioner would be entitled to rely on the
report of the learned Advocate Commissioner as
also to cite the learned Advocate Commissioner
as a witness, if so advised, before the LLMC.
(iii) The LLMC to consider the matter and pass a fresh
order, also taking into account the report of the
KSREC at Ext.P11, within a period of six weeks
from the date of receipt of a certified copy of this
judgment.
(iv) The 4th respondent to obtain the details of the
property for the year 2008 and consider that also
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while issuing the orders as above.
(v) The petitioner to mark appearance before the
Convenor of the LLMC for compliance with respect
to the directions in this judgment on 02.07.2025
at 11 a.m.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
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APPENDIX OF WP(C) 33310/2018
PETITIONER'S EXHIBITS
EXHIBIT P1 PHOTOGRAPH SHOWING THE LIE AND NATURE OF
THE PROPERTY
EXHIBIT P1(a) PHOTOGRAPH SHOWING THE LIE AND NATURE OF
THE PROPERTY
EXHIBIT P1(b) PHOTOGRAPH SHOWING THE LIE AND NATURE OF
THE PROPERTY
EXHIBIT P2 TRUE COPY OF THE DOCUMENT BEARING
NO.1543/2005 OF S.R.O. KODUVAYOOR IN
PALAKKAD DISTRICT
EXHIBIT P3 TRUE COPY OF THE DOCUMENT BEARING
NO.1543/2005 1956/2009 OF S.R.O.
KODUVAYOOR IN PALAKKAD DISTRICT
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 22.6.2016
SUBMITTED BY THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE REPLY DATED 29.6.2016
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
30.6.2016 SUBMITTED BY THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED
22.9.2016 ISSUED BY THE 6TH RESPONDENT
GRAMA PANCHAYATH
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 10.11.2017
EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 5.12.2017
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
EXHIBIT P10 TRUE COPY OF THE MINUTES OF LOCAL LEVEL
MONITORING COMMITTEE DATED 30.1.2018
EXHIBIT P11 TRUE COPY OF THE REPORT ISSUED BY THE
DIRECTOR, KERALA STATE REMOTE SENSING AND
ENVIRONMENTAL CENTRE
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RESPONDENTS' EXHIBITS
EXHIBIT R4(a) A TRUE COPY OF THE PROCEEDINGS NUMBER LRG1-
2013/27649/9 DATED 01.04.2017 ISSUED BY
THE DISTRICT COLLECTOR PALAKKAD.
ADVOCATE COMMISSIONER'S EXHIBITS
EXHIBIT C-1 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-2 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-3 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-4 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-5 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-6 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-7 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-8 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-9 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-10 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-11 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-12 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-13 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-14 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
EXHIBIT C-15 TRUE PHOTOGRAPH OF THE LAND OWNED BY THE
PETITIONER
