Mathachan Mathu vs The Revenue Divisional Officer
2021 Latest Caselaw 17561 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                          WP(C) NO. 15639 OF 2021
PETITIONER:

              MATHACHAN MATHU
              AGED 89 YEARS
              S/O. MATHU, RESIDING AT THUKALAN PULLAT HOUSE, P.O.
              KANDANADU,KANDANADU DESOM,
              KANAYANNUR THALUK,
              ERNAKULAM-682301.

              BY ADVS.
              V.N.HARIDAS
              SMITHA GOPINATH
              SIBY.P.JOSE
              K.T.BOSCO
              SAIFUDEEN T.S



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE REVENUE DIVISION OFFICE, FIRST FLOOR,
              K.B.JACOB ROAD, FORT KOCHI, KOCHI-682001.

     2        LOCAL LEVEL MONITORING COMMITTEE
              REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICE,
              VALIYAKULAM, P.O.UDAYAMPEROOR,
              ERNAKULAM-682307.


OTHER PRESENT:

              SRI. P.S. APPU-G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15639 OF 2021
                                  2



                            JUDGMENT

The petitioner confines his relief for an expeditious

consideration of Exts.P2 and P4 applications in Form Nos.5 and

6 of the Kerala Conservation of Paddy land and Wetland Act,

2008, seeking deletion of entry relating to the subject property

from the data bank and seeking permission for change of

nature. According to the petitioner, the property is a dry land

and has been erroneously included in the data bank

2. Without expressing anything on merits, the writ

petition is disposed of directing the 1 st respondent to initially

consider Ext.P2 application (Form No.5), on obtaining and

verifying the relevant materials including Ext.P5 report of the

2nd respondent, and pass appropriate orders thereon. If orders

are passed excluding the property from the data bank, then

Ext.P4 application (Form No.6) shall be taken up for

consideration and appropriate orders passed. Let the

proceedings be completed within a period of four months from WP(C) NO. 15639 OF 2021

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

bng/27.08.2021 WP(C) NO. 15639 OF 2021

APPENDIX OF WP(C) 15639/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.06.2020

Exhibit P2 APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT FOR REMOVAL OF PROPERTY FROM THE DATA BANK DATED 25.08.2017

Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED NIL ISSUED BY 2ND RESPONDENT EVIDENCING ACCEPTANCE OF EXT.P2

Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 6 DATED 23.04.2021

Exhibit P5 REPORT OF THE KSRSE CENTRE DATED 30.12.2019 WITH RESPECT OF THE PROPERTY.