IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17633 OF 2022
PETITIONER:
DR.VARGHESE P UMMEN
AGED 54 YEARS
S/O.UMMEN, PADINJARIDATHU,
KANNAMKODU, ADOOR P.O.,
PATHANAMTHITTA DISTRICT - 691 523.
BY ADV K.K.SETHUKUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
ADOOR, RDO OFFICE, ADOOR, ADOOR P.O.,
PATHANAMTHITTA DT. - 691 523.
2 THE VILLAGE OFFICER
ENATHU OFFICE, ENATHU P.O.,
PATHANAMTHITTA DT. - 691 526.
3 THE AGRICULTURE OFFICER
KRISHI BHAVAN, EZHAMKULAM, PARAKODU P.O.,
PATHANAMTHITTA DISTRICT, PIN - 691 554.
BY SMT.SURYA BINOY, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17633/2022
:2:
N. NAGARESH, J.
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W.P.(C) No.17633 of 2022
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Dated this the 31st day of May, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who is in possession and enjoyment of 6.94 Ares of land and a building, has approached this Court seeking to direct the 1 st respondent to consider Ext.P6 application submitted by the petitioner for removal of his land from the Land Data Bank.
2. The petitioner states that he is having 6.94 Ares of land along with a building, in Block no.18, Re-survey Nos.446/2, 446/2-1-1, 446/3, 446/4-2-1 and 446/4-1-1 in Enathu Village in Adoor Taluk. The petitioner states that the land is a garden land. However, the land has been erroneously included in the Land Data Bank. W.P.(C) No.17633/2022 :3:
3. The petitioner had earlier submitted an application before the Revenue Divisional Officer to make changes in the Basic Tax Register as regards the nature of the land. But, the application has been rejected as per Ext.P5 order dated 20.07.2021 for the reason that the land is included in the Land Data Bank. It is in such circumstances that the petitioner is before this Court.
4. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. The petitioner is holding 6.94 Ares of land in Enathu Village in Adoor Taluk. According to the petitioner, the land is not a paddy land or a wetland. Nevertheless, it has been included in the Land Data Bank. The petitioner wanted to get the BTR corrected and therefore submitted Ext.P6 application for removal of the said land from the Data Bank, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P6 is a statutory application. Therefore, the competent authority is bound to W.P.(C) No.17633/2022 :4: consider the same and pass appropriate orders thereon in accordance with law.
In such circumstances, the writ petition is disposed of directing the 1st respondent to consider Ext.P6 Form 5 application submitted by the petitioner, if the same is received accompanied by all supporting documents and paying the prescribed fee, if any. Orders in this regard shall be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/01.06.2022 W.P.(C) No.17633/2022 :5: APPENDIX OF WP(C) 17633/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE TAX RECEIPT. Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE. Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 22/11/2007.
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER NO.B6-
1714/2019 DATED 20/07/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION DATED 08/11/2021.
Exhibit P7 TRUE PHOTOCOPY OF RECEIPT DATED 08/11/2021.
Exhibit P8 TRUE PHOTOCOPY OF THE REPLY LETTER NO.E3/2869/18 DATED 15/05/2018 ISSUED BY THE SECRETARY, EZHAMKULAM GRAMA PANCHAYATH.