Joy Vareeth v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 16807 of 2015 (A) ------------------------------------------- PETITIONER(S) :
------------------------- JOY VAREETH, AGED 57 YEARS, S/O.VAREETH, PAYYAPPILLY HOUSE, THURAVOOR P.O., ERNAKULAM DISTRICT-683 572.
BY ADVS.SRI.AVANEESH KOYIKKARA SRI.LINDONS C.DAVIS RESPONDENT(S) :
----------------------------
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, MOOKANOOR, ERNAKULAM DISTRICT-683 577.
3. AGRICULTURAL OFFICER, KRISHI BHAVAN, MOOKANOOR, ERNAKULAM DISTRICT-683 577. BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 16807 of 2015 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
TRUE COPY OF LETTER DATED 01.01.2015 ALONG WITH RELEVANT PAGE OF DRAFT DATA BANK REGISTER ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2: TRUE COPY OF APPLICATION DATED 04.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.16807 of 2015 - A ====================== Dated this the 8th day of June, 2015
J U D G M E N T
The petitioner is the absolute owner in possession of property having an extent of 10.25 Ares of land comprised in Block No.17, Resurvey No.307/2-2 of Thuravoor Village in Ernakulam District. The petitioner is aggrieved with the fact that the same has been wrongly included in the Data Bank prepared in terms of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity, Act of 2008) as 'paddy land'. The petitioner contends that the land was reclaimed decades back before the commencement of the Act, 2008 and that the adjacent lands are not paddy lands. It is submitted that the grievance of the petitioner has already been projected by way of Ext.P2 before the 2nd respondent Local Level Monitoring Committee, which is stated to be pending consideration. The prayer is to cause the same to be considered and disposed of within a reasonable time
W.P.(C) No.16807 of 2015 - A in view of the ruling rendered by a Division Bench of this Court in Adani Infrastructure & Developers Pvt. Ltd. v. State of Kerala (2015 (1) KLT 651) .
2. In such circumstances, if Ext.P2 is received in original, the same shall be considered, if necessary after conducting a site inspection and orders passed in accordance with law, as has been declared in the aforecited judgment. The orders shall be passed at any rate within three months from the date of production of the certified copy of this judgment. The writ petition is disposed of.
Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.