C.J.Shaju vs Revenue Divisional Officer, Office Of The Revenue Divisional Officer, Irinjalakuda, Thrissur District

Shaji P.Chaly, J

The petitioner is the owner in possession of an extent of 24.52 Ares of property situated in Survey No. 495 of Manavalassery Village, Thrissur District.

According to the petitioner, even though the property is remaining as a dry land, it is included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act, 2008' for short). Earlier, petitioner has approached this Court by filing W.P.(C) No. 17556 of 2018, which was disposed of as per Ext. P4 judgment dated 25th June, 2018 directing the Local Level Monitoring Committee to consider the application within three months from the date of receipt of a copy of this judgment. Later, the application was submitted in the prescribed format before the Local Level Monitoring Committee.

But, fact remains, consequent to the amendment of Act, 2008, on and with effect from 03.12.2017, once the property is included in the data bank, application for removal of the property has to be considered by the Revenue Divisional Officer concerned.

In that view of the matter, I am of the considered opinion that the writ petition can be disposed of with appropriate directions. Therefore, the writ petition is disposed of directing the second respondent i.e., the Local Level Monitoring Committee, represented by its Convener, Agricultural Office, Poomangalam Krishi Bhavan, Thrissur, to transmit the application to the Revenue Divisional Officer, Irinjalakuda within two weeks from the date of receipt of a copy of this judgment. The Revenue Divisional Officer, on receipt of the said application, shall consider the same at the earliest possible and at any rate within three months thereafter.