Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 WP(C) NO. 41417 OF 2022 PETITIONER SURENDRAN, AGED 64 YEARS THAZHATHUPURAKKAL HOUSE KANIPAYYOOR P.O, KANIPAYYOOR VILLAGE KUNNAMKULAM TALUK, THRISSUR DISTRICT, PIN - BY ADVS. PRABHU K.N. MANUMON A. RESPONDENTS
1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR PALAKKAD, PIN - 678001 2 THE REVENUE DIVISIONAL OFFICER PALAKKAD PALAKKAD, PIN - 678001 3 THE TAHSILDAR, ALATHUR TALUK PALAKKAD DISTRICT, PIN - 678541 4 THE VILLAGE OFFICER, VADAKKENCHERRY- I VILLAGE ALATHUR TALUK, PALAKKAD,, PIN - 687683 5 THE AGRICULTURAL OFFICER VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD,, PIN - 678683 6 THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT 2008) REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD, DISTRICT, PIN - 678683 7 VADAKKENCHERRY GRAMA PANCHAYAT, ALATHUR TALUK, PALAKKAD DISTRICT, PIN 678683 REPRESENTED BY ITS SECRETARY ( IMPLEADED AS PER
ORDER DATED 22.12.2022 IN I.A.1/2022 )
BY ADV N.KRISHNA PRASAD APPU.P.S-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANU SIVARAMAN, J.
-------------------- W.P.(C).41417 of 2022 ----------------------- Dated : 1st February, 2023
JUDGMENT
This writ petition is filed seeking the following relief :-
“Issue a writ in the nature of mandamus or any other writ, direction or order directing the 2 nd respondent to consider and dispose Ext.P4 within a short time frame as may be decided by this Honourable Court without insisting for gazette notification removing the land supra from the Data bank of Paddy Lands and Wet lands under Kerala Conservation of Paddy Land and Wetland Act, 2008.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner
that the petitioner is the owner in possession of 16.52 Ares of land in Vadakkencherry-I village in Alathur Taluk, Palakkad district. It is submitted that he had submitted an application for removing the property from the Data bank and the same was allowed by the Local Level Monitoring Committee by Ext.P3 proceedings dated 17.9.2021. However, the removal of the property from the Data bank was not carried out and notified. On that ground, Form-6 application submitted by the petitioner is not being considered. The learned counsel for the petitioner submits that even tough the corrected Data bank is not notified, the application submitted by the petitioner in Form-6 is liable to be considered taking note of Ext.P3. It is further submitted that a Circular has been issued by the Government on 30.4.2020 specifically directing that in cases where Form-5 applications have been allowed, the consideration of Form-6 applications need not await the notification of the Data bank.
4. Having considered the contentions advanced on either
side, I am of the opinion that the application submitted by the petitioner in Form-6 is to be considered in accordance with law. Accordingly, there will be a direction to the 2 nd respondent to take up Ext.P4 application submitted by the petitioner and to consider and pass orders thereon, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- ANU SIVARAMAN, Judge Mrcs APPENDIX OF WP(C) 41417/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER VADAKKENCHERRY I VILLAGE DATED 12.02.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK Exhibit P3 TRUE COPY OF THE ORDER NO.136/32/2021- 2022 PASSED BY THE 6TH RESPONDENT DATED 17-09-2021 Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18/02/2022 Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN WPI NO. 12709 OF 2022 DATED 31-05-2022