Alavikutty vs State Of Kerala
2021 Latest Caselaw 23836 Ker

W. P. (C) No. 27720 of 2021 -1-


         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA,
                           1943
                  WP(C) NO. 27720 OF 2021
PETITIONER/S:

         ALAVIKUTTY,
         AGED 76 YEARS
         S/O. KUNJALAVI, RESIDING AT VADAKKAN HOUSE,
         KOTTAKKAL, MALAPPURAM.
         BY ADVS.
         P.T.SHEEJISH
         IRSHAD K.K.
         SRIRAM P.
         HARIKIRAN M.
         ROSHINI UDAYAKUMAR
         STEPHY GRACE RAJ
         A.ABDUL RAHMAN
         PRAVEENKUMAR
         AKHILA SRIDHARAN


RESPONDENT/S:

    1    STATE OF KERALA,
         REPRESENTED BY SECRETARY, SECRETARIAT, DEPARTMENT
         OF AGRICULTURE DEVELOPMENT AND FARMERS WELFARE,
         THIRUVANANTHAPURAM DISTRICT, PIN 695 001.
    2    THE DISTRICT COLLECTOR,
         COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM
         DISTRICT, PIN 676 504.
    3    THE REVENUE DIVISIONAL OFFICER,
         CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
         MALAPPURAM DISTRICT, PIN 676 101.
    4    TAHSILDAR,
         TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT, PIN 676
         101.
 W. P. (C) No. 27720 of 2021 -2-


    5       TALUK SURVEYOR,
            TALUK OFFICE, TIRUR, MALAPPURAM DISTRCT, PIN 676
            101.
    6       THE VILLAGE OFFICER,
            KOTTAKKAL VILLAGE OFFICE, MALAPPURAM DISTRICT,
            KERALA, PIN 676 503.
    7       AGRICULTURAL OFFICER,
            CONVENOR OF LOCAL LEVEL MONITORING COMMITTEE,
            KOTTAKKAL MUNICIPALITY, KOTTAKKAL, MALAPPURAM
            DISTRICT, KERALA ,PIN 676 503.
            BY SRI.RIYAL DEVASSY,GOVERNMENT PLEADER



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   04.12.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 27720 of 2021 -3-




                          JUDGMENT

Petitioner is the owner of an extent of 12.85 Ares of property

situated in resurvey No. 104/9 of Kottakkal Village, Malappuram

District.

2. The case of the petitioner is that even though the property is

remaining as a dry land, it is included in the BTR and revenue records

as paddy land.

3. Thereupon petitioner has submitted Ext. P2 application

apparently under Form 6 as per Rule 12(1) of the Kerala Conservation

of Paddy Land and Wetland Act, 2008. Petitioner seeks direction for

early consideration of Ext. P2 application.

4. Whatever that be, Mr. Riyal Devassy, learned Government

Pleader has expressed an apprehension that the petitioner has not

stated in specific terms in the writ petition as to whether the property

is included in the data bank or not and therefore requested that

appropriate direction may be issued to the Revenue Divisional Officer

concerned to identify the said situation while considering Ext. P2

application.

5. Having heard Sri. Abdul Rahman A., learned counsel for the

petitioner and Sri. Riyal Devassy, learned Government Pleader, this

writ petition is disposed of directing the Revenue Divisional Officer,

Civil Station, Tirur, Malappuram District, the 3 rd respondent, to

consider Ext. P2 application, in accordance with law, at the earliest

and at any rate within three moths from the date of receipt of a copy of

this judgment.

I make it clear that the 3rd respondent would be at liberty to

identify as to whether the property is included in the data bank and

pass appropriate orders in accordance with law.

Sd/-

SHAJI P. CHALY JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF WP(C) 27720/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 20.04.2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 23.11.2021. Exhibit P3 TRUE COPY OF THE STATUTORY FEES REMITTANCE RECEIPT MADE BY THE PETITIONER DATED 22.11.2021.

Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 8TH RESPONDENT DATED 23.11.2021.