IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
C.L.JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 30088 OF 2024
| Table of Content |
|---|
| 1. petitioner's ownership and land classification issues. (Para 2) |
| 2. dispute over the necessity of filing form – 5 application. (Para 3) |
| 3. judgment on reconsideration of petitioner's application. (Para 5 , 6) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i) To issue a Writ of mandamus or any other appropriate writ or order or direction commanding the 5th respondent to consider and pass orders on Exhibit P10 by reassessing the classification of of the petitioner’s land as Purayidom/Garden land, within a time frame fixed by this Hon’ble Court.
ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 7th and 8th respondents to issue erratum notification excluding the property of the petitioner from the Data Bank;
iii) To issue a Writ of mandamus or any other appropriate writ or order or direction commanding the 5th and 6th respondents to change the classification of land in BTR and revenue records as Purayidam/Dry land within a time frame fixed by this Hon’ble Court;
iv) To issue a Writ of certiorari or any other appropriate writ or order or direction quashing Ext.P14 as unjust, illegal and arbitrary;
v) To impose cost on 5th and 8th respondent payable to the petitioner for loss, injury and metal agony happened to him.
vi) To dispense with the translation of the documents produced in the vernacular language.
vii) And to pass such other appropriate orders or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case."
[SIC]
2. Petitioner is the absolute owner and title holder of an extent of 21.25 Ares of land comprised in Re-Survey No.135/6 of Amballoor Village in Ernakulam District. The land is shown as converted land in the data bank register with trees and a well, is the submission. The petitioner filed an application dated 24.02.2017 as per Clause 6 of the Kerala Land Utilization Order for the permission to utilize the property for the purposes other than paddy cultivation. When there was delay in considering the application, the petitioner approached this Court for an early disposal of the application by filing W.P.(C) No.7895/2017. As per Ext.P3 interim order dated 09.03.2017, this Court directed the petitioner to pay fees and make arrangements for taking KSREC report. This Court also directed the Agricultural Officer to file a report regarding the nature of the land after inspection along with KSREC report. It is submitted that the petitioner paid the fees and the KSREC report was obtained by the Agricultural Officer on the cost of the petitioner. But the the Agricultural Officer has not filed the report as directed by this Court in Ext.P3 interim order, even after getting the KSREC report. In the meanwhile, the Kerala Conservation of Paddy Land and Wetland (Amendment) Rules, 2017 (for short ‘Rules, 2017’), came into effect, permitting the Local Level Monitoring Committee (for short ‘LLMC’) to make necessary corrections in the data bank. Thereafter, when the matter came up before this Court, the learned Government Pleader submitted that, there are mistakes in the draft and final data banks published, and by virtue of the provisions contained in Rules, 2017 the LLMC is authorized to carry out appropriate corrections in the data bank, is the submission. Therefore, recording the same, the writ petition was disposed of as per Ext.P5 judgment directing to consider and pass orders on application after getting necessary inspection report from the Agricultural officer. As per the directions in Ext.P5 judgment, the LLMC has taken a decision that the land is converted land in 2008 and also taken a decision to consider it as converted land when the data bank is republished. The Agricultural Officer has also reported to the District Collector that there are trees of more than 20 years and the land will be removed at the time of publishing the same after corrections. Therefore, as per the undertaking of the Government Pleade



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