IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 22241 OF 2021
PETITIONER:
ALICE JOSEPH,
AGED 36 YEARS
W/O. DON MARTIN KURUVILA,
JOE BHAVAN, 1/18,
PARUTHERI AVENUE,
EDAPPALLY, KOCHI - 682 024.
BY ADVS.
SRI. THOMAS JOHN AMBOOKEN
SRI. B. SAJEEV KUMAR
SRI. BLOSSOM MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION,
KAKKANAD, KOCHI - 682 030.
3 THE REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA,
ERNAKULAM - 686 673.
4 THE VILLAGE OFFICER,
KIZHAKKAMBALAM VILLAGE OFFICE,
ERNAKULAM - 683 562.
SRI. P. S. APPU - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22241 OF 2021
2
JUDGMENT
The petitioner had earlier approached this Court for similar relief and this Court passed Ext.P6 judgment. When the petitioner approached the Revenue Divisional Officer, Fort Kochi with Ext.P6 judgment, the petitioner was informed that since the property is lying within the jurisdiction of the Revenue Divisional Officer, Muvattupuzha, he has to approach the said Authority. Accordingly, the petitioner has approached the Revenue Divisional Officer, Muvattupuzha with Exts.P3 and P4.
2. Accordingly, there will be a direction to the 3 rd respondent to consider and pass appropriate orders on Ext.P3 application preferred by the petitioner in Form No.5 of the Kerala Conservation of Paddy Land and Wet Land Act & Rules, 2008, for removal of property of the petitioner, referred to in the writ petition, from the data bank prepared in terms of the Kerala Conservation of Paddy Land and Wet Land Act & Rules, WP(C).No.22241 OF 2021 3 2008. This shall be done within a period of three months. If Ext.P3 is allowed, then 3rd respondent - Revenue Divisional Officer shall dispose of Ext.P4 application, within a further period of two months after obtaining necessary report from the Village Officer concerned. The petitioner shall produce a copy of the writ petition along with exhibits before the 3 rd respondent for compliance.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.22241 OF 2021 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.
2754/1996 OF PUTHENCRUZ SUB REGISTRAR OFFICE.
EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK.
EXHIBIT P3 TRUE COPY OF FORM 5 APPLICATION DATED 02.09.2021 SUBMITTED BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF FORM 6 APPLICATION DATED 02.09.2021 SUBMITTED BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF ACKNOWLEDGEMENT CARD DATED 04.09.2021.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.
5385/2021 DATED 02.03.2021.
RESPONDENT'S/S EXHIBITS: NIL.