Anitha vs The Revenue Divisional Officer
2021 Latest Caselaw 11396 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9097 OF 2021(J)


PETITIONER:

               ANITHA, AGED 56 YEARS
               D/O. LATE ARAVINDAKSHAN, RESIDING AT SAI, DOOR
               NO.205, SURYA NAGAR, LANE-2, UMMINI, AKATHETHARA
               P.O., PALAKKAD-678 008.

               BY ADVS.
               SRI.T.C.SURESH MENON
               SRI.P.S.APPU

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, PARAKKUNNAM, VIDYUT NAGAR,
               PALAKKAD-678 001.

      2        THE VILLAGE OFFICER
               PALAKKAD II VILLAGE, PALAKKAD-678 001.

      3        THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PALAKKAD
               MUNICIPALITY, PALAKKAD-678 001.

               BY GP SRI. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9097 OF 2021(J)

                                        2



                            Sathish Ninan, J.
                    ==============================
                        W.P.(C) No.9097 of 2021
                      ==========================
                 Dated this the 8th day of April, 2021

                                   JUDGMENT

The application submitted by the petitioner in

form No.6 under Section 27A of the Kerala

Conservation of Paddyland and Wetland Act (in short,

'the Act'), seeking change of nature of the property

was rejected for the reason that the property in

question is included in the data bank maintained

under the Act. In fact, an application filed under

form No.5 seeking exclusion of the property from the

data bank was pending consideration while order

impugned was passed. It is only proper that the

application in form No.5 be considered initially,

pursuant to which the application in form No. 6 be

considered.

2. Accordingly, the order impugned dated

14.02.2021 (Ext P7) of the 1 st respondent is quashed.

1st respondent shall initially take up the form No.5 WP(C).No.9097 OF 2021(J)

application (Ext P2), consider the same on obtaining

relevant reports and pass appropriate orders, within

a period of three months from the date of receipt of

a copy of this judgment. If the property is excluded

from the data bank, the 1st respondent shall take up

the Form No.6 application (Ext P4) and pass

appropriate orders thereon within a period of one

month therefrom.

Writ Petition is ordered as above.

Sd/- Sathish Ninan, Judge

vdv WP(C).No.9097 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT, DATED 18.8.2020.

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT, DATED 7.9.2020.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO.EC.1933/20 ISSUED BY THE IST RESPONDENT DATED 7.9.2020.

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT, DATED 17.12.2020.

EXHIBIT P5 TRUE COPY OF THE CHALAN DATED 17.12.2020.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO.EC 3465/20, DATED 17.12.2020.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.RDOPKD/1108/2020-J1 ISSUED BY THE IST RESPONDENT, DATED 14.2.2021.