Kerala High Court
Andrews C.J vs State Of Kerala on 21 November, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940
WP(C).No. 41422 of 2017
PETITIONER/S:
ANDREWS C.J.
AGED 51 YEARS, S/O.C.A.JOHN, CHITTEDATH HOUSE,
EDARIKODE P.O., MALAPPURAM DISTRICT, PIN-676501.
BY ADV. SRI.AVANEESH KOYIKKARA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM,PIN-
695001.
2 DISTRICT COLLECTOR, COLLECTORATE MALAPPURAM
P.O.MALAPPURAM, MALAPPURAM DISTRICT, PIN-676503.
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, EDARIKODE, MALAPPURAM DISTRICT, PIN-
676501.
4 AGRICULTURAL OFFICER KRISHI BHAVAN EDARIKODE
MALAPPURAM DISTRICT, PIN-676501.
SRI. P.M. MANOJ GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 41422 of 2017
2
JUDGMENT
Petitioner is the owner of an extent of 9.53 Ares of land comprised in Survey No.K/89/5 of Edarikode Village, Malappuram District. According to the petitioner, though the property is remaining as garden land, it is included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008) for short and remaining in the village records as well as in BTR as paddy field. Now petitioner has submitted Ext.P3 application before the 3 rd respondent seeking removal of the property from the data bank and Ext.P2 application dated 24.7.2018 before the 2nd respondent, seeking permission for utilisation of the property for other purposes other than paddy cultivation and agricultural operations, which are pending consideration and seeks directions for early consideration of the aforesaid applications.
2. Having heard learned Counsel for the petitioner and the learned Senior Government Pleader, there will be a direction to the 3rd respondent to finalise the proceedings pertaining to Ext.P3, in accordance with law, at the earliest and at any rate within three months from the date of receipt of a copy of this judgment. If the petitioner is able to secure an enabling order as is directed above, Ext.P2 application shall be considered by the 2 nd respondent in WP(C).No. 41422 of 2017 3 accordance with law, at the earliest and at any rate within three months from the date of receipt of a copy of the order from the Local Level Monitoring Committee. Petitioner is also directed to produce a copy of this writ petition along with the appendant documents before the statutory authority for appropriate action.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No. 41422 of 2017 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DATA BANK REGISTER ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF APPLICATION AS PER KLU ORDER DATED 24.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, MALAPPURAM.
EXHIBIT P2: COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT