Kerala High Court
Dixon Davis vs State Of Kerala on 9 February, 2021
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 09TH DAY OF FEBRUARY 2021/20TH MAGHA,1942
W.P(C).No.425 OF 2021(C)
PETITIONER:
DIXON DAVIS
AGED 23 YEARS, S/O E.F.DAVIS,DAKULATHOOR HOUSE,
NEDUPUZHA P O, THRISSUR DISTRICT, PIN-680007.
BY ADVS.SRI.AVANEESH KOYIKKARA
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN-695001.
2 THE SECRETARY
REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN-695001.
3 THE SECRETARY
AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT PIN-695001.
4 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
VIKAS BHAVAN, THIRUVANANTHAPURAM DISTRICT, PIN-695033.
5 THE DISTRICT COLLECTOR
COLLECTORATE, AYYANTHOLE THRISSUR-680003.
6 THE REVENUE DIVISIONAL OFFICER
AYYANTHOLE, THRISSUR-680003.
7 THE TAHSILDAR
CHEMBUKKAVU, THRISSUR-680003.
8 THE TALUK SURVEYOR
CHEMBUKKAVU, THRISSUR-680003.
9 THE VILLAGE OFFICER
KAINOOR, THRISSUR-680014.
10 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, PUTHOOR, P O,
PUTHOOR DISTRICT-680014.
11 AGRICULTURAL OFFICER
KRISHI BHAVAN,
PUTHOOR, P O PUTHOOR,
THRISSUR DISTRICT-680014.
BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.425/2021 :: 3 ::
JUDGMENT
The petitioner has preferred Ext.P11 application in Form 5 before the 10th respondent under the Rules framed under the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the "2008 Act"] seeking exclusion of his land from the Land Data Bank on the ground that it is not a paddy land. The limited prayer in the writ petition is for a direction to the 10th respondent to consider and pass orders on Ext.P11 application, expeditiously, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the cases as also the submissions made across the bar, I dispose the writ petition with the following directions:
(i) The 10th respondent shall consider and pass orders on Ext.P11 application in Form 5 within two months from the date of receipt of a copy of this W.P.(C).No.425/2021 :: 4 ::
judgment, after hearing the petitioner. It is made clear that if the proposal of the 10 th respondent is to reject the request of the petitioner, then he shall also consider the report of the Kerala State Remote Sensing and Environment Center [KSREC] based on satellite image studies of the land in question.
(ii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 10th respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/9/2/2021
W.P.(C).No.425/2021 :: 5 ::
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT DATA BANK REGISTER SHOWING THE PETITIONER'S PROPERTY.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED 04.05.2017 FOR REMOVAL OF THE ENTRIES ABOUT PETITIONER'S LAND FROM DRAFT DATA BANK SUBMITTED BEFORE 10TH RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF JUDGMENT DATED 16/07/2017 IN WPC NO.19165/2017.
EXHIBIT P4 A COPY OF LETTER FROM THE VILLAGE OFFICER, KAINOOR ISSUED TO THE PETITIONER DATED 02.11.2018.
EXHIBIT P5 A COPY OF THE LETTER DATED 27.10.2018 OF THE AGRICULTURE OFFICER TO THE PETITIONER.
EXHIBIT P6 A COPY OF THE LETTER DATED 30.10.2018 FROM TALUK OFFICE, THRISSUR REGARDING THE NON- AVAILABILITY OF FMB REGARDING THE PETITIONER'S PROPERTY.
EXHIBIT P7 A COPY OF THE LETTER DATED 04.07.2017 FROM
OFFICE OF THE DISTRICT SURVEY
SUPERINTENDENT, THRISSUR REGARDING THE NON- AVAILABILITY OF FMB REGARDING THE PETITIONER'S PROPERTY.
EXHIBIT P8 A COPY OF THE LETTER DATED 24.08.2019 FROM CENTRAL SURVEY OFFICE, THIRUVANANTHAPURAM REGARDING THE NON-AVAILABILITY OF FMB REGARDING THE PETITIONER'S PROPERTY.
W.P.(C).No.425/2021 :: 6 :: EXHIBIT P9 A COPY OF THE E-PAYMENT RECEIPT DATED
15.12.2018 TOWARDS PAYMENT OF RS. 1,500/- FOR SATELLITE DATA WITH RESPECT TO THE PETITIONER'S PROPERTY.
EXHIBIT P10 A COPY OF THE LETTER DATED 14.01.2019 FROM THE AGRICULTURE OFFICER, PUTHOOR RETURNING THE E-RECEIPT TO THE PETITIONER.
EXHIBIT P11 A COPY OF THE APPLICATION OF THE PETITIONER SUBMITTED BEFORE THE LLMC.
EXHIBIT P12 A COPY OF THE GO (MS) NO.4592/2017/REVENUE DATED 31.10.2017.
EXHIBIT P13 THE TRUE COPY OF THE APPLICATION DATED 24.03.2019 SUBMITTED BEFORE 2ND AND 3RD RESPONDENTS TO ENSURE THE AVAILABILITY OF FMB IN VILLAGER OFFICE.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY// P.S. TO JUDGE