Kerala High Court
Vijayan C @ Raghavan vs Revenue Divisional Officer on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 15654 OF 2021
PETITIONER/S:
1 VIJAYAN C @ RAGHAVAN
AGED 72 YEARS, S/O DEVAKY AMMA, 2/751- "SHREYASS",
CHERUVARA HOUSE, [PRESIDENT, KUTTANKULANGARA DEVASWAM,
DEVASWAM OFFICE, TEMPLE LANE, HARI NAGAR],
POONKUNNAM VILLAGE, DESOM,
POONKUNNAM PO, THRISSUR - 680 002
2 SAJEEV KUMAR TA, AGED 46 YEARS, S/O RAMAN EZHUTHACHAN,
THAZHATHUVALAPPIL HOUSE, [SECRETARY, KUTTANKULANGARA
DEVASWAM, DEVASWAM OFFICE, TEMPLE LANE, HARI NAGAR],
POONKUNNAM PO, THRISSUR 680 002
BY ADV SHOBY K.FRANCIS
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
OFFICE OF RDO, THRISSUR, THRISSUR DIST. 680 003
2 LOCAL LEVEL MONITORING COMMITTEE OF CHOWANNUR GRAMA
PANCHAYATH, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, CHOWANNUR KRISHI BHAVAN,
CHOWANNUR PO, THRISSUR DIST. 680517
3 AGRICULTURAL OFFICER, CHOWANNUR KRISHI BHAVAN,
CHOWANNUR PO, THRISSUR DIST. 680 517
4 TAHSILDAR, KUNNAMKULAM TALUK, TALUK OFFICE,
KUNNAMKULAM PO, THRISSUR DIST. 680 503
5 VILLAGE OFFICER, CHEMMANTHATTA VILLAGE,
CHEMMANTHATTA PO, THRISSUR DIST. 680 517,
THRISSUR DIST.
6 DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE PO,
THRISSUR-680 003
R1-R6 BY GP SRI.HANIL KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15654 OF 2021 ..2..
JUDGMENT
The petitioners are the owners and in possession of
an extent of 22.91 ares of land comprised in document
No.2115/1/2016 of SRO Kunnamkulam as per Re-
Sy.Nos.130/3 and 130/5 [old Sy.No.426] of
Chemmanthitta village. The petitioners have filed
Ext.P2 application dated 23.07.2021 before the 1 st
respondent under Rule 4 of the Kerala Conservation of
Paddy Land and Wet Land Rules, 2008 (for short 'The
Rules') for removing the property from the Data Bank.
The petitioners have also filed Ext.P3 application in
Form No.7 dated 23.07.2021 before the 1 st respondent
under Rule 12(1) of the Rules for changing the status of
the property. The petitioners are aggrieved by the delay
in disposal of the applications.
2. Heard the learned Counsel for the petitioners
and the learned Government Pleader.
WP(C) NO. 15654 OF 2021 ..3..
3. There will be a direction to the 1 st respondent to
consider and pass orders on Ext.P2 application, within
a period of three months from the date of receipt of a
copy of this judgment and thereafter, if the property is
removed from the Data Bank, Ext.P3 application shall
be considered by the 1st respondent, within a period of
two months. The petitioners shall produce a copy of the
writ petition along with the exhibits and a certified copy
of the judgment before the 1st respondent for
compliance.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/05/08/2021
//true copy //
P.A to Judge
WP(C) NO. 15654 OF 2021 ..4..
APPENDIX
PETITIONERS EXTS:
EXT.P1 TRUE COPY OF POSSESSION CERTIFICATE DATED
29.07.2019 ISSUED BY THE 5TH RESPONDENT
EXT.P2 TRUE COPY OF THE APPLICATION UNDER RULE 4 OF
THE KERALA CONSERVATION OF PADDY LAND AND WET
LAND RULES, 2008 IN FORM NO.5 DATED 23.7.2021
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT FOR REMOVING THE PROPERTY FROM THE
DATA BANK
EXT.P3 TRUE COPY OF THE APPLICATION UNDER SEC.27A OF
THE KERALA CONSERVATION OF PADDY LAND AND WET
LAND ACT, 2008 IN FORM NO.7 UNDER RULE 12(1) OF
THE RULES DATED 23.7.2021 SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT FOR CHANGING
THE STATUS OF THE PROPERTY AS PARAMBA OR DRY
LAND.
