Rosalind T.P. v. District Collector
Case brief
What is this about?
The Court set aside an order rejecting a petitioners application to exclude land from the Data Bank under the Kerala Paddy and Wetland Protection Act. It directed the Revenue Divisional Officer to independently assess the matter, consider scientific data, and conduct a site inspection within three months.
What did the court decide?
Ext.P8 order set aside; 2nd respondent to reconsider application with KSRSEC report and site inspection within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 5740 OF 2023
PETITIONER:
ROSALIND T.P. AGED 67 YEARS WIFE OF PUTHCOR OUSEPH, 7/496, PARAPPOOR P.O, THOLOOR VILLAGE, THRISSUR TALUK, TRICHUR DISTRICT, PIN - 680552
BY ADVS. A.BALAGOPALAN A.RAJAGOPALAN M.N.MANMADAN M.S.IMTHIYAZ AHAMMED P.SEENA
RESPONDENT:
1 DISTRICT COLLECTOR, THRISSUR OFFICE OF THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR. ROAD, AYYANTHOLE, THRISSUR, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR ROAD, AYYANTHOLE, THRISSUR-, PIN - 680003
Issues for consideration
3 issues framed by the court
Whether the rejection of the Form-5 application under the Kerala Paddy and Wetland Protection Act 2008 was sustainable when it relied solely on the LLMC report without independent assessment.
Whether the Revenue Divisional Officer is required to independently assess the status of the land and consider KSRSEC reports before excluding land from the data bank.
Whether the impugned order fails to consider the character and fitness of the land available on the relevant date as required by precedent.
Parties & counsel
- petitioner
ROSALIND T.P.
- respondent
1 DISTRICT COLLECTOR, THRISSUR
- respondent
2 THE REVENUE DIVISIONAL OFFICER
- respondent
3 TAHASILDAR THRISSUR TALUK
- respondent
4 VILLAGE OFFICER PERINGAVU
- respondent
Case details
As recorded by the court registry
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