Kerala High Court
Aboobacker vs The Local Level Monitoring Committee on 12 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
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WP(C) NO. 23818 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
WP(C) NO. 23818 OF 2024
PETITIONERS:
1 ABOOBACKER,
AGED 67 YEARS
S/O. IBRAIM, KARUKUNNATHU HOUSE, PERINGALA P.O.,
PILLIKKARA,ERNAKULAM DISTRICT, PIN - 683565
2 YEHIYA,
AGED 60 YEARS
S/O. IBRAIM, KARUKUNNATHU HOUSE, PERINGALA P.O.,
PILLIKKARA, ERNAKULAM DISTRICT, PIN - 683565
3 SAID,
AGED 58 YEARS
S/O. IBRAIM, KARUKUNNATHU HOUSE, PERINGALA P.O.,
PILLIKKARA, ERNAKULAM DISTRICT, PIN - 683565
BY ADVS.
SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE,
KUNNATHUNAD, PATTIMATTOM, ERNAKULAM DISTRICT,
REPRESENTED BY ITS CONVENOR., PIN - 683562
2 THE CONVENOR,
LOCAL MONITORING COMMITTEE, KUNNATHUNAD,
PATTIMATTOM, ERNAKULAM DISTRICT, PIN - 683562
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WP(C) NO. 23818 OF 2024
2
OTHER PRESENT:
GP.SMT.JESSY S. SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 12th day of September, 2025
The writ petition is filed to direct the respondent
to exclude the petitioners' property from the data bank.
2.The petitioners are the owners in possession of
the properties situated in Kunnathunad Village
Ernakulam District, covered under various sale deeds
and Ext.P1 sketch. The properties are pucca dry land.
There are multi-storied buildings constructed in the
adjacent land. However, the respondents have
erroneously classified the property as 'paddy land' and
included it in the data bank maintained under the
Kerala Conservation of Paddy Land and Wetland Act,
2008, and the Rules framed thereunder ('Act' and
'Rules', for brevity). The petitioners had submitted
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Exts.P6 to P9 applications, to exclude the properties
from the data bank. By Ext.P10 judgment, this Court
directed the 1st respondent to consider the applications,
within three months from the date of the judgment.
Subsequent to the judgement, the petitioners submitted
Exts.P11 to P13 applications, to exclude the property
from the data bank. Even though Ext.P16 report was
called for from the Kerala State Remote Sensing and
Environmental Centre (KSREC), no action has been
taken in the matter. Hence, the respondents may be
directed to consider the above applications.
3. In the statement filed by the 2 nd respondent,
it is contended that Ext.P11 to P13 application have not
been received by the 1st respondent. This aspect has
been clearly mentioned to the petitioners in Ext.P15
letter issued by the Agricultural Officer. The petitioners
have not submitted any acknowledgment showing the
submission of the above applications. Therefore, the
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petitioners would be at liberty to submit a Form 5
application as envisaged under Rule 4(4d) of the Rules.
Hence, the writ petition may be dismissed.
4. Heard; the learned Counsel for the petitioners and
the learned Government Pleader.
5. Pursuant to Ext.P10 judgment passed by this
Court, the petitioners allege that they have submitted
Exts.P11 to P13 application on 6.11.2017, to exclude the
properties from the data bank. However, there is no
material to substantiate that they have produced the said
applications. The respondents dispute the fact that the
petitioners have submitted above applications. Due to
the above conspectus, I am of the definite view that the
respondents cannot be directed to consider the said
applications. Consequently, I dispose of the writ petition
by permitting the petitioners to submit fresh Form 5
applications under Rule 4(4d) of the Rules. If such
applications are filed as prescribed under the Act and
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Rules, the authorised officer shall consider the
applications in accordance with law.
The writ petition is thus ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
rmm/12/9/2025
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WP(C) NO. 23818 OF 2024
APPENDIX OF WP(C) 23818/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SKETCH SHOWING THE
PROPERTIES OF THE PETITIONERS.
Exhibit P2 TRUE COPY OF THE PANCHAYAT LICENSE NO.
155/98-99 DATED 24.3.1999 FOR THE YEAR
1998-1999 IN THE NAME OF THE 1ST
PETITIONER.
Exhibit P3 TRUE COPY OF THE LICENSE IN THE NAME OF
THE 1ST PETITIONER ISSUED BY THE JOINT
DIRECTOR OF FACTORIES AND BOILERS DATED
10.12.2007 WITH EFFECT FROM 14.1.2004.
Exhibit P4 TRUE COPY OF THE NOC DATED 4.10.2006
ISSUED BY THE DISTRICT MEDICAL OFFICER TO
THE SECRETARY OF KUNNATHUNAD GRAMA
PANCHAYAT FOR ESTABLISHING MACHINERY.
Exhibit P5 TRUE PHOTOGRAPHS OF THE ABOVE PROPERTIES
AND THE INDUSTRIAL UNITS.
Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE 1ST
RESPONDENT DATED 15.5.2016.
Exhibit P7 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 2ND PETITIONER BEFORE THE RESPONDENTS
DATED 15.5.2016.
Exhibit P8 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 3RD PETITIONER BEFORE THE RESPONDENTS
DATED 15.5.2016.
Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 1ST AND 2ND PETITIONERS BEFORE THE
RESPONDENTS DATED 15.5.2016.
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
35330/2016 OF THIS COURT DATED
10.10.2017.
Exhibit P11 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE RESPONDENTS
DATED 6.11.2017.
Exhibit P12 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 2ND PETITIONER BEFORE THE RESPONDENTS
DATED 6.11.2017.
Exhibit P13 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 3RD PETITIONER BEFORE THE RESPONDENTS
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DATED 6.11.2017.
Exhibit P14 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT
DATED 11.10.2023.
Exhibit P15 TRUE COPY OF THE REPLY GIVEN BY THE
RESPONDENTS TO THE PETITIONER DATED
27.10.2023.
Exhibit P16 TRUE COPY OF THE REPORT OF THE DIRECTOR
OF KERALA STATE REMOTE SENSING AND
ENVIRONMENTAL CENTER DATED 27.12.2016.
