Kerala High Court
Julie C.R vs The District Collector on 6 April, 2015
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 29TH DAY OF JUNE 2017/8TH ASHADHA, 1939
WP(C).No. 21409 of 2017 (A)
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PETITIONER:
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JULIE C.R,
AGED 38 YEARS, W/O.JYOTHISH,
ATHIYARATH HOUSE, KURUVILASSERY PO,
THRISSUR.
BY ADV. SRI.N.B.ANOOP
RESPONDENT(S):
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1.THE DISTRICT COLLECTOR,
THRISSUR-680 001.
2.THE REVENUE DIVISIONAL OFFICER,
THRISSUR-680 001.
3.THE TAHSILDAR
CHALAKKUDY, THRISSUR-680 307.
4.THE VILLAGE OFFICER,
KURUVILASSERY VILLAGE, THRISSUR-680 735.
5.THE LOCAL LEVEL MONITORING COMMITTEE,
MALA GRAMA PANCHAYATH, REP. BY ITS CONVENER,
(THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
MALA, THRISSUR DISTRICT-680 735)
BY GOVERNMENT PLEADER SMT VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 21409 of 2017 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : TRUE COPY OF THE TAX RECEIPT DATED 6.4.2015
EXHIBIT P2 : A TRUE COPY OF THE REPRESENTATION BEFORE THE 5TH
RESPONDENT DATED 7.6.17
EXHIBIT P3 : TRUE COPY OF THE APPLICATION DATED 15.6.2017
SUBMITTED BEFORE THE 1ST RESPONDENT
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.S.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
======================= W.P.(C) No.21409 of 2017 - A =========================== Dated this the 29th day of June, 2017 Judgment The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 48.28 ares comprised in Sy.No.345/3 347/1, 343/2 and 362/1 in Kuruvilassery Village of Chalakkudy Taluk, is shown as 'nilam' in the revenue records. The said property of the petitioner is said to be included in the data bank prepared under Section 5(4)(1) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'the Paddy Land Act'). The petitioner filed Ext.P2 application, before the 5th respondent, for removal of entry in respect of their properties from the draft data bank and Ext.P3; an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity "KLU Order") before the 1st respondent for conversion of use of land, which are pending consideration. The prayer of the petitioner is to direct the 5th and W.P.(C) No.21409/2017 2 1st respondents herein, to consider and dispose of Exts.P2 and P3 applications respectively, within a reasonable time.
2. In such circumstance, since, the petitioner in the aforesaid writ petition seeks a direction to the 5th respondent to delete the property of the petitioner from the data bank and declare that the property of the petitioner is not liable to be included in the data bank. Such a relief can be appropriately sought before the Local Level Monitoring Committee as per the amendment brought to the Paddy Land Act by the amended Rule 4(6) of the Kerala Paddy Land and Wetland Rules, 2008. Hence the 5th respondent is directed to consider the request under the amendment G.O.(P) No.34/2017/Revenue dated 30.05.2017 for removing the property from the data bank after conducting site inspection and ascertaining the nature of land as on the date of enforcement of the Paddy Land Act and with report received from the Kerala State Remote Sensing and Environment Center (KSREC), if the application is filed in original and pending before the authority.
W.P.(C) No.21409/2017 3
3. Since the land is included in the draft data bank and the description is shown as 'nilam' in the revenue records, it is only proper that a report is received from the Local Level Monitoring Committee (LLMC) and Kerala State Remote Sensing and Environment Center (KSREC) before consideration of Ext.P3 application by the 1st respondent, if the same is filed in original and pending before the authority.
4. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer, shall seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSREC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the W.P.(C) No.21409/2017 4 Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioners, C/o. the concerned Agricultural Officer (showing the full address) before the KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall require the LLMC to conduct physical inspection of the property and then the LLMC shall consider the application at Ext.P2 in accordance with law. If the LLMC permits it, the 1st respondent District Collector shall consider Ext.P3 application to obtain conversion of user under Clause (6) of the Kerala Land Utilization Order, 1967.
The writ petition is disposed of as above. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE SB/29/06/2017