Kerala High Court
E.J.Thomas vs The Agricultural Field Officer
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
WP(C).No. 10836 of 2016 (D)
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PETITIONER(S):
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1. E.J.THOMAS,
S/O.JOSEPH, ERAYAMANGALAM HOUSE,
KURISUMOODU P.O, CHANGANASSERY.
2. PRIYA MARY THOMAS
D/O.THOMAS, MANNAKUNNEL THADATHIL HOUSE,
FATHIMAPURAM, CHANGANASSERY.
BY ADVS. SRI.SHAJI THOMAS
SRI.BINU PAUL
SRI.B.RAJESH (KOTTAYAM)
RESPONDENT(S):
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1. THE AGRICULTURAL FIELD OFFICER
CONVENOR OF THE LOCAL LEVEL MONITORING COMMITTEE,
KRISHIBHAVAN, CHANGANASSERY,
VAZHAPPALLY WEST - 686 103.
2. THE VILLAGE OFFICER
MEMBER OF THE LOCAL LEVEL MONITORING COMMITTEE,
VAZHAPPALLY EAST VILLAGE OFFICE,
VAZHAPPALLY - 686 103.
3. THE CHAIRMAN OF THE LOCAL LEVEL MONITORING COMMITTEE
VAZHAPPILLY EAST VILLAGE,
VAZHAPPALLY - 686 103.
BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 10836 of 2016 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1. TRUE PHOTOCOPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE
OFFICER, VAZHAPPALLY DATED 29.9.15.
EXHIBIT P2. TRUE PHOTOCOPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE
OFFICER, VAZHAPPALLY DATED 7.5.14.
EXHIBIT P3. TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE
AGRICULTURAL FEILD OFFICER, KRISHIBHAVAN, CHENGANASSERY
DATED 2.3.16.
EXHIBIT P4. TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE
AGRICULTURAL FEILD OFFICER, KRISHIBHAVAN, CHENGANASSERY
DATED 2.3.16.
EXHIBIT P5. TRUE PHOTOCOPY OF THE REPRESENTATION DATED 8.3.16
SUBMITTED BY THE PETITIONERS.
EXHIBIT P6. TRUE PHOTOCOPY OF THE REPRESENTATION DATED 8.3.16
SUBMITTED BY THE PETITIONERS.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.10836 of 2016
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Dated this the 21st day of March, 2016
JUDGMENT
The first petitioner is the owner and in possession of an extent of 13.38 ares of land in Re-survey No.16/3 of Vazhappally East Village, Cheganassery Taluk, Kottayam District. The Second petitioner is the owner and in possession of an extent of .03.91 ares of land in Re-survey No.16/3-1 of Vazhappally East Village, Cheganassery Taluk, Kottayam District. The petitioners submit that the above lands are erroneously included in the Draft Data Bank. According to the petitioners, there are paddy lands, have been converted much before the enactment of the Act 28 of 2008.
2. The petitioners have approached the Local Level Monitoring Committee by Exts.P5 and P6 to correct the entry in Draft Data Bank.
W.P.(C) No.10836 of 2016 2
3. This Court is of the view that appropriate steps shall be taken by the Local Level Monitoring Committee on Exts.P5 and P6. The Local Level Monitoring Committee shall find out whether the land in question can be classified as paddy land or nilam or wetland as on the date of the enactment of the Act 28 of 2008. If it cannot be classified either as Paddy land or nilam or wetland, necessary correction shall be carried out in the Draft Data Bank. Needful shall be done within two months from the date of receipt of a copy of this judgment. It is made clear that this exercise shall be made by the Local Level Monitoring Committee if the Draft Data Bank is not finally notified.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln