P.Princy vs The Revenue Divisional Officer

Citation : 2022 Latest Caselaw 5555 Ker
Judgement Date : 26 May, 2022

Kerala High Court
P.Princy vs The Revenue Divisional Officer on 26 May, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                        WP(C) NO. 17038 OF 2022
PETITIONER:


            P.PRINCY,
            AGED 33 YEARS
            W/O. RAJESH, MADHAVA NIVAS, KULAVANMUKKU,
            KUZHALMANNAM P.O., PALAKKAD-678702.
            BY ADV BINOY VASUDEVAN


RESPONDENTS:


    1       THE REVENUE DIVISIONAL OFFICER,
            OFFICE OF THE RDO, PALAKKAD DISTRICT-678001.
    2       THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KUZHALMANNAM, KUZHALMANNAM P.O.,
            PALAKKAD-678702.
    3       THE VILLAGE OFFICER,
            KUZHALMANNAM-I VILLAGE, KUZHALMANNAM P.O., PALAKKAD
            DISTRICT-678702.


OTHER PRESENT:


            VINITHA B-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17038 OF 2022

                                        2




                                 JUDGMENT

The petitioner is the owner in possession of 0.1194 Hectors of land in Survey No.641/1 of Kuzhalmannam-I Village in Alathur Taluk of Palakkad District. The petitioner confines her relief for an expeditious consideration of Ext.P4 application in Form No.5 under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank. According to the petitioner, the property is fallow land and has been erroneously included in the data bank.

2. Having heard the learned Government Pleader also and without expressing any view on the merits of the matter, this writ petition is disposed of directing the RDO/1st respondent to consider Ext.P4 application (Form No.5), after obtaining all necessary inputs including the WP(C).No.17038 OF 2022 3 report of the Agricultural Officer and to pass appropriate orders thereon. The entire proceedings shall be completed within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce the copy of this judgment along with the copy of the writ petition before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska WP(C).No.17038 OF 2022 4 APPENDIX OF WP(C) 17038/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.1515/2015 OF SRO KUZHALMANNAM DATED 19/06/2015. Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO.61289344 DATED 12/11/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 18/11/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 12/04/2019. Exhibit P5 TRUE COPY OF THE REPORT OF THE LOCAL LEVEL MONITORING COMMITTEE REPORTED BY THE 2ND RESPONDENT ON 11/08/2020. Exhibit P6 TRUE COPY OF THE LETTER DATED 15/09/2020 SENT BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 18/11/2021 BY THE GENERAL MANAGER OF THE DISTRICT INDUSTRIES CENTRE, PALAKKAD.

Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY.