Sandra Cyriac (Minor) v Central Board of Secondary Education & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **THURSDAY, THE 1ST DAY OF JUNE 2017/11TH JYAISHTA, 1939** **WP(C).No. 18303 of 2017 (K) ----------------------------** **PETITIONER(S): -------------** **SANDRA CYRIAC (MINOR), MULAMOOTTIL, KOCHERY NALPATTIL, CHAMPAKULAM P.O., ALAPPUZHA DISTRICT. REPRESENTED BY MOTHER & NATURAL GUARDIAN JAINET A.MATHEW.** **BY ADVS.SRI.JOMY GEORGE SRI.DEEPAK MOHAN KUM. M. ANJU THOMAS** **RESPONDENT(S): --------------** **1.CENTRAL BOARD OF SECONDARY EDUCATION, PREET VIHAR, NEW DELHI - 110 092, REPRESENTED BY ITS SECRETARY. 2.THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK - B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM - 695 004.** **3.THE PRINCIPAL, GOOD SHEPHERD PUBLIC SCHOOL, MADAPPALLY P.O.H, CHANGANASSERY, KOTTAYAM, PIN - 686 546.** **R1 & R2 BY SRI.K.M.ANEESH, SC, C.B.S.E.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **EL** ## **WP(C).No. 18303 of 2017 (K)** **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 06.09.2016 ISSUED BY THE BIRTH DEATH AND MARRIAGE REGISTRAR, MUNICIPAL OFFICE, ALAPPUZHA. EXHIBIT P2 THE TRUE COPY OF THE LIST OF CANDIDATE REGISTERED FOR CLASS X EXAMINATION 2016 PUBLISHED BY THE 3RD RESPONDENT'S SCHOOL. EXHIBIT P3 TRUE COPY OF THE MARKS STATEMENT ISSUED TO THE PETITIONER BY THE CENTRAL BOARD OF SECONDARY EDUCATION WITH REGARD TO SECONDARY SCHOOL EXAMINATION 2016. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 03.10.2016 SUBMITTED BY THE PETITIONER TO THE 1ST AND 2ND RESPONDENTS THROUGH THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 06.03.2017 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT REJECTING THE PETITIONER'S APPLICATION. EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 03.05.2017 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT REJECTING THE PETITIONER'S APPLICATION EXHIBIT P7 TRUE COPY OF THE PETITIONER'S ELECTOR PHOTO IDENTITY CARD. EXHIBIT P8 TRUE COPY OF THE AADHAAR OF THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 27.03.2017 IN WPC NO. 7024/2017 OF THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS ----------------------NIL TRUE COPY P.S. TO JUDGE** **EL** ## **P.B.SURESH KUMAR, J.** **--------------------------------------------** ## **W.P.(C).Nos.18303 & 26524 of 2016** ## **and** **7701, 11428, 12748, 13505, 32705 & 32810 of 2017** **--------------------------------------------------------------Dated this the 13[th] day of October, 2017** ## **J U D G M E N T** The case of the petitioners in this batch of writ petitions is that the properties owned by them as referred to in the writ petitions were originally paddy lands, but converted as garden lands several years prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). It is alleged by the petitioners that though the properties were converted as garden lands prior to the introduction of the Act, the properties are included in the Data Bank prepared under W.P.(c).No.18303 of 2016 & con. cases : 2 : the Act and as such, they are unable to make use the properties for other purposes including construction of buildings. It is alleged in some of the writ petitions that the applications for building permits preferred by the petitioners therein are not being considered for the aforesaid reason. In some other writ petitions, it is alleged that the buildings constructed by the petitioners therein are not being numbered on account of the said reason. According to the petitioners, since the properties were converted prior to the Act, the same should not have been shown in the Data Bank. In some cases, petitioners have preferred applications before the Local Level Monitoring Committees concerned for correction of the entries relating to their properties in the Data Bank and in the remaining cases, applications have not been preferred by the petitioners for the said purpose. The petitioners seek directions in these writ petitions to the Local Level Monitoring Committees concerned to correct the entires in the Data Bank in relation to their properties. They also seek orders for correction of the entry relating to their W.P.(c).No.18303 of 2016 & con. cases : 3 : properties in the revenue records. Some of the petitioners, among others, seek directions to the local authorities concerned to grant building permits applied for by them and some others seek directions to the local authorities concerned to assign numbers to the buildings constructed by them on the strength of the building permits issued to them. 2. Heard the learned counsel for the petitioners as also the learned Government Pleader. 3. The learned Government Pleader, on instructions, submits that in the light of the Kerala Conservation of Paddy land and Wetland (Amendment) Rules, 2017, the Local Level Monitoring Committees have the power to correct the mistake, if any, in the Data Bank provided that the petitioners prefer applications in the prescribed form for the said purpose. It is also pointed out by the learned Government Pleader that the applications preferred by the petitioners are not in the prescribed form. 4. If the properties of the petitioners are converted prior to the Act, the provisions of the Act would not apply to W.P.(c).No.18303 of 2016 & con. cases : 4 : the same, as held by the Apex Court in _**Revenue Divisional Officer** v._ _**Jalaja Dileep**_ (2015(1) KLT 984). But, the question whether the properties are converted prior to the Act as claimed by the petitioners is a matter to be considered by the Local Level Monitoring Committees at the first instance. It is all the more so since the Local Level Monitoring Committees are empowered to correct the mistake, if any, in the Data Bank. True, if the provisions of the Act do not apply to the properties of the petitioners, they are entitled to make use of the properties for other purposes including construction of buildings, after obtaining permission of the competent authority under the Kerala Land Utilization Order [See _**Puthan Purakkal Joseph** v._ _**Sub Collector**_ (2015(3) KLT 182)]. 5. In the aforesaid facts and circumstances, the writ petitions are disposed of permitting the petitioners to prefer applications in the prescribed form, wherever such applications are not filed, before the Local Level Monitoring Committees concerned for correction of the entries in the W.P.(c).No.18303 of 2016 & con. cases : 5 : Data Bank in relation to the properties. It is also directed that if the petitioners prefer applications in the prescribed form as directed above along with copies of the judgment and the writ petition, the same shall be considered by the Local Level Monitoring Committees concerned, after obtaining reports from the Kerala State Remote Sensing and Environment Centre (KSRSEC) as to the position of the properties at the time of commencement of the Act. The petitioners shall pay the fees stipulated by the KSRSEC for issuing their report if directed so by the Conveners of the Local Level Monitoring Committees. Needless to say that in cases where reports have already been called for from KSRSEC at the expense of the petitioners pursuant to interim orders passed in the writ petitions, orders shall be passed on the strength of the said reports. The direction aforesaid shall be complied with, within three months from the date of receipt of a copy of this judgment. If the requests made by the petitioners are allowed, they are entitled to prefer applications invoking Clause 6 of the Kerala Land Utilization W.P.(c).No.18303 of 2016 & con. cases : 6 : Order before the competent authority for permission to make use of the properties for other purposes, in cases where applications have not been filed by the petitioners for the said purpose and in that event, the competent authority under the Kerala Land Utilization Order shall pass orders on those applications within one month from the date of production of the decision of the Local Level Monitoring Committee and the application under the Kerala Land Utilization Order, wherever applicable, along with a copy of the writ petition, in the light of the decision of this Court in _**Puthan Purakkal Joseph** (supra),_ untrammelled by Circular No.46848/P1/2016 dated 22.12.2016 issued by the Government. If the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, the petitioners shall be issued building permits or assigned building numbers, as the case may be, if they are otherwise entitled for the same, by the local authorities concerned. Needless to say that if the requests of the petitioners under Clause 6 of the Kerala Land Utilization Order are granted, W.P.(c).No.18303 of 2016 & con. cases : 7 : they will also be entitled to move the authorities under the Kerala Land Tax Act for fresh assessment of the lands as garden lands and if such requests are made by the petitioners, the same shall also be considered by the said authorities, in the light of _**Kizhakkambalam Grama Panchayat v. Mariumma**_ (2015(2) KLT 516), within one month from the date of their respective requests. Sd/- **P.B.SURESH KUMAR JUDGE** rsr