Allowed

Hima Dani, v. the Sub Collector/ Revenue Divisional Officer

Kerala HC1 Aug 2022WP(C)/21795/2022

Case brief

AI extract

What is this about?

Petitioner sought removal of land from the Data Bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The Court directed the Sub Collector to consider the Form-5 application and KSREC report within four months.

What did the court decide?

Directed 1st respondent to consider petitioner's Form-5 application and KSREC report and take a decision within four months.

Hima Dani, Vs the Sub Collector/ Revenue Divisional… — Writ and Judicial Review | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

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WP(C) NO. 21795 OF 2022

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PETITIONER:

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HIMA DANI, AGED 39 YEARS, W/O. DANI THOMAS, ALAPPATT PALATHINGAL PERINGAVU (PO), THRISSUR DISTRICT, PIN-680 020

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BY ADV. BINOY VASUDEVAN

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RESPONDENTS:

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1 THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, FORT KOCHI, PIN-682 001.

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2 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARADU (PO), ERNAKULAM DISTRICT, PIN-682 304.

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3 THE VILLAGE OFFICER, MARADU VILLAGE, MARADU (PO), ERNAKULAM DISTRICT, PIN-682 304.

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SRI.JAFFER KHAN, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.21795/2022

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N. NAGARESH, J.

W.P.(C) No.21795 of 2022

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Dated this the 1^st day of August, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioner owns 44.25 Ares of dry land in Re-survey Nos.15/1-5, 16/1-9, 16/1-2 and 15/3-2 of Maradu Village, Kanayannur Taluk of Ernakulam District. The predecessor owner of the land had obtained Ext.P2 order under the Kerala Land Utilisation Order, 1967 for utilising 18.45 Ares of the land for non-agricultural purposes. By Ext.P3, the Tahsildar made consequential entries in land records.

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The remaining 25.80 Ares of land was included in the land Data Bank as ‘Nilam’. The petitioner submitted Form-5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008 to remove the property from Data

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WP(C) No.21795/2022

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: 3 :

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Bank. The Kerala State Remote Sensing and Environmental Centre (KSREC) gave Ext.P5 report to the effect that the remaining land was not paddy land in the year 2008.

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The 1^st respondent-Revenue Divisional Officer, as per Ext.P7 letter dated 30.01.2022, required the Local Level Monitoring Committee (LLMC) to submit a fresh report. The grievance of the petitioner is that the LLMC has not met so far to consider the petitioner’s application.

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The Senior Government Pleader submitted that the LLMC looked into the matter and after considering all aspects, has decided on 11.07.2022 to include the land in the Data Bank. Therefore, the petitioner cannot seek a relief to allow his Form-5 application, contended the Senior Government Pleader.

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Heard.

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The petitioner has submitted application in Form-5 under the Kerala Conservation of Paddy Land and Wetland Act, 2008 seeking to remove the land from Data Bank. It has

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to be noted that the Revenue Divisional Officer has already

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WP(C) No.21795/2022

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: 4 :

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permitted the remaining land to be utilised for non-agricultural purposes. The LLMC, however, decided to recommend that the land be retained in the Data Bank.

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The claim whether a land is to be removed from Data Bank is to be considered by the Revenue Divisional Officer / Sub Collector. The recommendations of the LLMC is only one of the materials which may be considered by the Revenue Divisional Officer. In the petitioner’s claim, she has obtained a report from the KSREC. Therefore, the Revenue Divisional Officer has to consider the KSREC report also while taking a final decision.

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Therefore, in the facts of the case, the writ petition is disposed of directing the 1^st respondent-Sub Collector / Revenue Divisional Officer to consider the Form-5 application submitted by the petitioner and take a decision thereon adverting to Ext.P5 KSREC report also, within a period of four months.

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Sd/-

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N. NAGARESH, JUDGE

aks/17.08.2022

WP(C) No.21795/2022

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APPENDIX OF WP(C) 21795/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.08.2020 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF ORDER NO.K-2662/08/K.DIS DATED 05-08-2009. Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE TAHSILDAR (LAND RECORDS), KANAYANNUR TALUK VIDE ORDER NO.H3-1685/2021 DATED 22.02.2021. Exhibit P4 TRUE COPY OF LETTER NO.K3-56/2020 DATED 28.05.2020 OF THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE LETTER NO.A/172/2015/KSREC/005713/21 DATED 3.11.2021 WITH RESPECT TO THE PROPERTY IN SY.NO. 15/3. Exhibit P6 TRUE COPY OF THE COVERING LETTER NO.A/172/2015/KSREC/005712/21 DATED 03.11.2021 WITH RESPECT TO THE PROPERTY IN SY.NO.16/1. Exhibit P7 TRUE COPY OF THE LETTER VIDE NO.K156/2020 DATED 30.01.2022 OF THE 1ST RESPONDENT.

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Hima Dani, v. the Sub Collector/ Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Hima Dani, v. the Sub Collector/ Revenue Divisional Officer

Case brief

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What did the court decide?

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