2025:KER:27135 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 10768 OF 2025 PETITIONER/S: C.K.P. MOHAMMED RAYEEZ, AGED 58 YEARS S/O TM ABDUL KADAR, THAIKKANDY HOUSE , THALASSERY P.O.,KANNUR DISTRICT, PIN - 670101 BY ADVS. K.P.MADHU SANDRA MARIA BENNY APARNA S. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695014 3 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, NATIONAL HIGHWAY 17, PALISSERY, THALASSERY, KERALA, PIN - 670101 4 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY CONVENOR/ AGRICULTURAL OFFICER, THALASSERY MUNCIPALITY, KRISHI BHAVAN THALASSERY, KANNUR DISTRICT, PIN - 670104 W.P.C No. 10768 of 2025 2 2025:KER:27135 5 AGRICULTURAL OFFICER, KRISHI BHAVAN THALASSERY,KANNUR DISTRICT, PIN - 670104 6 THE VILLAGE OFFICER, THIRUVANGAD VILLAGE OFFICE, THALASSERRY,KANNUR DISTRICT, PIN - 670103 7 THE DISTRICT POLICE CHIEF KANNUR, OFFICE OF THE COMMISSIONER OF POLICE, KANNUR CITY, PIN - 670002 OTHER PRESENT: Smt.Deepa.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 10768 of 2025 3 2025:KER:27135 JUDGMENT The petitioner is aggrieved by the proposal to include the property of the petitioner in the Data Bank. Ext.P11 is the notice issued by the Local Level Monitoring Committee in this regard. The petitioner has already submitted Ext.P12 objection against the same. 2. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am of the view that, as the petitioner has already submitted Ext.P12 objection to the proposal to include the property of the petitioner in the Data Bank, it is only proper that a final decision on the question as to whether the property of the petitioner is to be included in the Data Bank or not, is to be taken by the LLMC, the 4th respondent herein, after considering the said objection. As the decision proposed to be taken would affect the right of the petitioner to utilise the property, certainly a hearing also should be provided to the petitioner before taking such decision. In such circumstances, this writ petition is disposed of, W.P.C No. 10768 of 2025 4 2025:KER:27135 directing the 4th respondent to consider Ext.P12 objection and pass final order on Ext.P11, after giving the petitioner an opportunity for being heard. A decision in this regard shall be taken within a period one month from the date of receipt of a copy of this judgment. It is clarified that, since the property is not so far included in the Data Bank, until such a decision is taken, the petitioner can continue the activities in which he is now engaged. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 10768 of 2025 5 2025:KER:27135 APPENDIX OF WP(C) 10768/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED PARTITION DEED NO. 1654/2022 OF THALASSERRY SRO DATED 14/11/2022 Exhibit.P2 A TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2023-2024 DATED 21/06/2023 Exhibit.P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05/02/2024 ISSUED FROM THIRUVANGAD VILLAGE OFFICE Exhibit.P4 A TRUE COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, THIRUVANGAD DATED 01/04/2024 Exhibit P5 A TRUE COPY OF THE JUDGEMENT DATED 10/05/2024 OF THIS HON’BLE COURT IN WP(C).15993/2024 REPORTED AS 2024(3) KHC 465 Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 30/09/2024 IN W.A NO.1383 OF 2024 Exhibit P7 A TRUE COPY OF THE ORDER OF THE VILLAGE OFFICER DATED 21/10/2024 Exhibit P8 A TRUE COPY OF THE FIR NO. 944/2024 REGISTERED BY THE THALASSERY POLICE AGAINST SOME OF THE RESPONDENTS AND OTHERS DATED 20/09/2024 Exhibit P9 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE DISTRICT POLICE CHIEF, KANNUR DATED 27/11/2024 W.P.C No. 10768 of 2025 6 2025:KER:27135 Exhibit P10 A TRUE COPY OF THE ORDER OF THIS HON’BLE COURT IN WP(C) 46467 OF 2024 DATED 27/12/2024 Exhibit P11 A TRUE COPY OF THE NOTICE DATED 11/02/2025, ISSUED BY THE 4TH RESPONDENT Exhibit P11 (a) A TRUE COPY OF THE DRAFT DATA BANK DATED 11/02/2025 Exhibit P12 A TRUE COPY OF THE REPLY LETTER DATED 11/03/2025