K.V. VASUMATHY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners have approached this Court impugning Ext.P7 proceedings of the 6th respondent - Local Level Monitoring Committee (LLMC for short), as per which, their application for removing their property from the Data Bank prepared under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act' for short), has been rejected solely for the reason that they have not received the satellite images from the 7 th respondent - Kerala State Remote Sensing and Environment Centre (KSREC for short). According to the petitioners, Ext.P7 is completely untenable in law since the LLMC has abdicated their duties in issuing the same but merely saying that since they have not obtained the images from the KSREC, they will not pass any orders on their application. The petitioners therefore, pray that Ext.P7 be set aside.

(2.) In response, the learned Government Pleader appearing on behalf of the official respondents, submits that as is evident from Ext.P7, the LLMC had no other option but to issue the same because the time frame fixed by this Court in the judgment in W.P.(C)No.34788/2018 was soon expiring. He says that if this Court is so inclined, the LLMC is willing to reconsider the application after obtaining reports from the 7 th respondent - KSREC.

(3.) When I consider the afore submissions and examine Ext.P7, it is without doubt that the LLMC has refused to consider the application of the petitioners solely for the reasons stated therein and in particular that the images from the KSREC has not been obtained. I am therefore, of the view that the 7th respondent must be directed to furnish the images to the 6th respondent - LLMC within a time frame, so that the latter can then issue appropriate orders on the application of the petitioners, as is required under the Act. Resultantly, I order this writ petition and direct the 7 th respondent to make available the satellite images with respect to the property of the petitioners, as per the requisition made to them by the 6th respondent - LLMC, which shall be done by them within a period of one month from the date of receipt of a copy of this judgment; and on the receipt of the same, the 6 th respondent - LLMC will reconsider the application of the petitioners based on the said report and after following due procedure and issue appropriate orders thereon, not later than one month from the date on which the images are furnished to them by the 7th respondent in terms of this judgment.