The court dismissed a writ petition challenging the inclusion of land in a Data Bank. It held that the petitioner must submit a Form-5 application under the Kerala Conservation of Paddy Land and Wetland Rules to contest the inclusion.
Ordered petitioner to submit Form-5 application; respondent to consider within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 13TH DAY OF JULY 2022 / 22ND ASHADHA, 1944
WP(C) NO. 28099 OF 2021
PETITIONER:
MUHAMMED HASHIR.T.,
AGED 21 YEARS
S/O.MOIDEEN KUTTY, KURUVA VILLAGE,
PERINTHALMANNA TALUK, PAANG DESOM P.O.,
MALAPPURAM DISTRICT-679 338.
BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.2 LOCAL LEVEL MONITORING COMMITTEE (LLMC), REPRESENTED BY ITS CONVENER/AGRICULTURAL OFFICER, KRISHI BHAVAN, MAKKARAPARAMBA, MALAPPURAM DISTRICT-676 507.3 TAHSILDAR (LAND RECORDS), PERINTHALMANNA, MALAPPURAM-679 322.4 MAKKARAPARAMBA GRAMA PANCHAYATH, REPRESENTED BY IT SECRETARY, MALAPPURAM DISTRICT-676 507. BY ADV C.A.CHACKO SMT.VIDYA KURIAKOSE, GOVT. PLEADERTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.28099/2021
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.28099 of 2021
---------------------------------------------Dated this the 13th day of July, 2022
JUDGMENT
This writ petition is filed with following prayers:
(SIC)
3
W.P.(C).No.28099/2021
it is conceded by both sides that the petitioner’s property is included in the data bank. If that is the case, the remedy of the petitioner is to submit Form-5 application under the Kerala Conservation of Paddy Land and Wetland Rules. If the petitioner submits such an application, there can be a direction to the authority concerned to consider the same within a time frame.
Therefore, this writ petition is disposed of in the following manner:
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
W.P.(C).No.28099/2021
4
APPENDIX OF WP(C) 28099/2021
PETITIOExhibit |
NER EXHIP1 |
BITSTRUE COPY OF REGISTERED SALE DEEDNO.1650/2021 DATED 22.07.2021PURCHASED BY PETITIONER. |
|---|---|---|
Exhibit |
P2 |
TRUE COPY OF THE TAX RECEIPT DATED12.07.2021 ISSUED BY VILLAGE OFFICERVADAKKANGARA. |
Exhibit |
P3 |
TRUE COPY OF THE SKETCH SUBMITTED BYTHE PREDECESSOR OF THE PETITIONER. |
Exhibit |
P4 |
TRUE COPY OF REPLY DATED 26.07.2018ISSUED FROM THE OFFICE OF THE 1STRESPONDENT. |
Exhibit |
P5 |
TRUE COPY OF REPLY DATED 26.07.2018ISSUED FROM THE OFFICE OF THE 1STRESPONDENT. |
Exhibit |
P6 |
TRUE COPY OF APPLICATION SUBMITTED BYTHE PREDECESSOR M OF THE PETITIONERBEFORE THE 2ND RESPONDENT. |
Exhibit |
P6A |
TRUE COPY OF POSTAL RECEIPT DATED09.08.2018 ISSUED BY POSTALDEPARTMENT. |
Exhibit |
P7 |
TRUE COPY OF THE APPLICATION DATED06.10.2020 BEFORE THE 2ND RESPONDENT. |
Exhibit |
P8 |
TRUE COPY OF THE REPLY LETTER DATED22.10.2020 ISSUED BY THE 2NDRESPONDENT. |
Exhibit |
P9 |
TRUE COPY OF THE APPLICATION DATED07.12.2020 SUBMITTED BEFORE THE 2NDRESPONDENT. |
Exhibit |
P10 |
TRUE COPY OF REPLY OF 2ND RESPONDENTDATED 01.01.2021 INFORMED THAT THESUBJECT LAND HAS BEEN NEWLY INCLUDEDIN THE DATA BANK. |
Exhibit |
P11 |
TRUE COPY OF THE CORRIGENDUMNOTIFICATION DATED 01.01.2020FORWARDED TO THE 4TH RESPONDENT. |
Exhibit |
P12 |
TRUE COPY OF FORM 6 APPLICATIONSUBMITTED BY PETITIONER BEFORE 1STRESPONDENT 27.11.2021. |
W.P.(C).No.28099/2021
5
Exhibit P13TRUE COPY OF POSTAL RECEIPT DATED
27.11.2021 ISSUED BY POSTAL
DEPARTMENT.
1 issue framed by the court
Whether the petitioner is entitled to quash the inclusion of land in the Land Data Bank or if a specific statutory remedy exists.
1 provisions across 1 enactments
MUHAMMED HASHIR.T.
REVENUE DIVISIONAL OFFICER, PERINTHALMANNA
LOCAL LEVEL MONITORING COMMITTEE (LLMC)
TAHSILDAR (LAND RECORDS), PERINTHALMANNA
MAKKARAPARAMBA GRAMA PANCHAYATH
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court