‘CR’

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TH TUESDAY, THE 28 DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 WP(C) NO. 11093 OF 2022 PETITIONER:

BASIL, AGED 40 YEARS, S/O. GEORGE, MADAPPILLY HOUSE, POOKATTUPADI, EDATHALA P.O, ERNAKULAM DISTRICT, PIN 683 561.

BY ADV T.K.AJITHKUMAR (VALATH)

RESPONDENTS:

1 LOCAL LEVEL MONITORING COMMITTEE, KIZHAKKAMBALAM GRAMA PANCHAYAT, KIZHAKKAMBALAM, PIN

683 562, REPRESENTED BY THE CONVENER/ AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, KIZHAKKAMBALAM, PIN 683 562.

2 AGRICULTURAL OFFICER, KIZHAKKAMBALAM, KRISHI BHAVAN, KIZHAKKAMBALAM, PIN 683

562.

OTHER PRESENT:

GP - RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

'CR'

VIJU ABRAHAM, J.

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W.P (C) No. 11093 of 2022 ------------------------------

Dated this the 28^th day of November, 2023

JUDGMENT

The above writ petition is filed seeking to quash Ext.P5 and for a declaration that the petitioner’s property having a total extent of 40.57 Ares covered by Ext.P1 is not liable to be included in the data bank.

2. Petitioner is the owner and in possession of 2.22 Ares of property in survey no.133/2-2, 20.9 Ares in survey no.133/3, 0.7 Ares in survey no.133/21, 2.83 Ares in survey no.133/2-4, 6.88 Ares in survey no.133/2-3 and 7.67 Ares in survey no.133/2 of Kizhakkambalam Village in Kunnathunadu Taluk. The above properties of the petitioner are lying contiguously as a single plot abutting public road within the Kizhakkambalam Grama Panchayat. The property covered by Ext.P1 tax receipt was originally paddy land and was converted to dry land prior to the coming into force of the Conservation of Paddy Land and Wetland Act, 2008 (in short, “Act of 2008”). The 1^st respondent, the Local Level Monitoring Committee (LLMC) of Kizhakkambalam Grama panchayat prepared Ext.P2 data bank and the petitioner’s property covered by Ext.P1 tax receipt is recorded as ‘converted land’ and incorrectly included in Ext.P2 data bank. Since the petitioner’s property was converted more than 30 years before the inclusion of property in Ext.P2 data bank as ‘converted land’, the same is erroneous and is liable to be removed from the data bank. Thereupon, the petitioner filed Ext.P3 application before the 1^st respondent to correct the entries in respect of the property in the data bank and sought to remove the description of the property as paddy land in the data bank. The petitioner has also preferred an application under Clause 6(2) of the Kerala Land Utilisation Order, 1967 before the Revenue Divisional Officer, Muvattupuzha seeking permission to use the property for purposes other than agriculture. Thereafter, the petitioner has approached this Court by filing W.P.(C) No.23224 of 2018 seeking a direction to dispose of Ext.P3 application submitted before the 1^st respondent and the application under Clause 6(2) of the Kerala Land Utilisation Order, 1967 before the Revenue Divisional Officer, Muvattupuzha and this Court as per Ext.P4 judgment dated 11.07.2018 directed the 1^st respondent to consider the application for correction in the data bank in accordance with law within a period of three months from the date of receipt of a copy of the judgment. This Court in Ext.P4 judgment issued a further direction that if the petitioner secures enabling orders, the Revenue Divisional Officer shall consider the application under Clause 6(2) of the Kerala Land Utilization Order, 1967 (in short, “KLU Order”) within a period of three months. Consequent to the direction issued in Ext.P4 judgment, the petitioner’s property was inspected and thereafter the 2^nd respondent issued Ext.P5 letter dated 20.10.2020 to the petitioner stating that after physical inspection of the property, it was found that the property consists of residential building and large number of trees and therefore the 1st respondent decided to record the entire prope