Petitioner challenge CLMC decision not to recommend removal of her land from Data Bank. Court directs reconsideration of application after obtaining report from KSREC to determine cultivability.
Writ petition disposed of directing respondent to reconsider application after obtaining report from KSREC within three months of receipt.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 WP(C) NO. 7020 OF 2021
PETITIONER:
ALPHONSA FRANCIS, AGED 45 YEARS, W/O FRANCIS, CHALIL HOUSE, KORATTY SOUTH P.O, KORATTY KIZHAKKUMMURY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT-680308.
BY ADV P.JINISH PAUL
RESPONDENT:
THE LOCAL LEVEL MONITARING COMMITTEE, REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KORATTY, CHALAKUDY TALUK, THRISSUR-680308.
SR. GOVERNMENT PLEADER SMT. SURYA BINOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 3rd day of August, 2021
The petitioner seeks to direct the Local Level Monitoring Committee to correct the draft Data Bank excluding the property of the petitioner erroneously included therein.
her family wanted to construct a small residential house in 3.47 ares of property purchased by her in Survey No.840/A13 of Koratty Kizhakkummury Village. The land was a reclaimed land when purchased. It was a land converted prior to the year 2008, before the Kerala Conservation of Paddy Land and Wetland Act, 2008 came into effect.
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and the learned Government Pleader representing the respondent.
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the writ petition is liable to be disposed of directing the LLMC to reconsider the application submitted by the petitioner after obtaining a report from the KSREC.
Accordingly, the writ petition is disposed of directing the respondent to reconsider the application submitted by the petitioner after obtaining a report from the KSREC. The petitioner will make an application for the same and pay requisite fee for obtaining the report. The respondent shall take a final decision based on the KSREC report within a period of three months from the date of receipt of copy of the report from the KSREC. The petitioner has a case that the land of the petitioner is not cultivable at all and the land cannot be used for paddy cultivation. This aspect may also be considered by the 1st respondent while considering the application.
Sd/-
N. NAGARESH JUDGE
SR
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APPENDIX OF WP(C) 7020/2021
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE TRUE C OF ANNAMAN |
OPY OF ADA SRO. |
SALE DEED NO.1406/19 |
|---|---|---|---|
| EXHIBIT P2 | THE PHOTO | GRAPHS | SHOWING THE LIE, |
| NATURE A PROPERTY O |
ND SU F THE PE |
RROUNDINGS OF THE TITIONER. |
|
| EXHIBIT P3 | THE TRUE 28/10/2020 |
COPY O ISSUED |
F THE LETTER DATED BY THE RESPONDENT. |
| EXHIBIT P4 | THE TRUE | COPY | OF LETTER DATED |
| 30.11.2020 DRAFT DATA |
ALONG BANK. |
WITH COPY OF THE | |
| EXHIBIT P5 | THE TRUE LLMC MEETI 07.10.2020 |
COPY OF NG OF . |
THE MINUTES OF THE THE RESPONDENT DATED |
2 issues framed by the court
Whether the Local Level Monitoring Committee acted correctly in declining to remove the petitioner's land from the Data Bank without a scientific report.
Whether the Committee should have obtained a report from KSREC before taking a final decision on the petitioner's application.
1 provisions across 1 enactments
ALPHONSA FRANCIS
THE LOCAL LEVEL MONITARING COMMITTEE
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
