Kerala High Court
Biju Mathew Elambasserry vs Revenue Divisional Officer on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 9078 OF 2021
PETITIONERS:
1 BIJU MATHEW ELAMBASSERRY,
AGED 46 YEARS,
S/O.MATHEW ELEMBASSERY VARUTHUNNY,
PERMANENTLY RESIDING AT TANZEEL EBONY,
FLAT NO.1A, CHEMBUMUKKU, THRIKKAKARA,
ERNAKULAM, PIN-682021,
REPRESENTED BY POWER OF ATTORNEY GIJU MATHEW,
AGED 48 YEARS, S/O.E.V.MATHEW, PALAMATTATH
HOUSE, VKV LANE, CHEMBUMUKKU,
VAZHAKKALA, ERNAKULAM, PIN-682030.
2 RENCY JOSEPH,
AGED 43 YEARS,
W/O.BIJU MATHEW ELEMBASSERY,
PERMANENTLY RESIDING AT TANZEEL EBONY,
FLAT NO.1A, CHEMBUMUKKU, THRIKKAKARA,
ERNAKULAM, PIN-682021,
REPRESENTED BY POWER OF ATTORNEY GIJU MATHEW,
AGED 48 YEARS, S/O.E.V.MATHEW,
PALAMATTATH HOUSE, VKV LANE, CHEMBUMUKKU,
VAZHAKKALA, ERNAKULAM, PIN-682030.
BY ADVS.
RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
O/O.R.D.O, FORT KOCHI, ERNAKULAM-682001.
2 LOCAL LEVEL MONITORING COMMITTEE (LLMC),
THRIKKAKARA MUNICIPALITY,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
THRIKKAKARA, KOCHI-682021.
3 TAHASILDAR (LR),
TALUK OFFICE,
KANAYANNUR TALUK,
KOCHI-682304.
WP(C) No.9078/2021
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4 VILLAGE OFFICER,
VAZHAKKALA VILLAGE, THRIKKAKARA P.O.,
KOCHI-682021.
5 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
GOVERNMENT PLEADER SMT.G.RANJITA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.9078/2021
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JUDGMENT
Dated this the 01st day of July, 2021
The petitioner has filed Ext.P4 application invoking
the provisions of the Kerala Conservation of Paddy Land and
Wetland Act, 2008, seeking to alter the nature of the land
held by the petitioner. The petitioner submits that a direction
may be given to the 1st respondent to consider Ext.P4 in
accordance with law and pass appropriate orders thereon.
The learned counsel for the petitioner submits that the Local
level Monitoring Committee has already decided to excluded
the property in question from the Ext.P2 data bank.
2. Heard the learned counsel for the petitioner and
the learned Government Pleader representing the
respondents.
3. The Ext.P4 application is a Statutory application
preferred under the provisions of the Rules made under the
Kerala Conservation of Paddy Land and Wetland Act, 2008.
WP(C) No.9078/2021
Therefore, the 1st respondent is duty bound to consider such
application within a reasonable time in accordance with law.
In the said circumstances, the writ petition is
disposed of directing the 1st respondent to consider Ext.P4
application submitted by the petitioner in Form 6 within a
period of 2 months, if Ext.P4 application is complete in all
respects and is supported by requisite documents, if any.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C) No.9078/2021
APPENDIX OF WP(C) 9078/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
EVIDENCING PAYMENT OF LAND TAX DATED
19.01.2021 BEARING
NO.KL07021600879/2021.
EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PAGES
OF THE DATA BANK PREPARED FOR IN
RESPECT OF PROPERTY OF THE PETITIONERS
IN VAZHAKKALA VILLAGE OBTAINED UNDER
THE RIGHT TO INFORMATION ACT.
EXHIBIT P3 TRUE PHOTOCOPY OF DECISION OF THE 2ND
RESPONDENT (LLMC) DATED 14.01.2020
EXCLUDING THE PROPERTY OF THE
PETITIONERS FROM THE DATA BANK.
EXHIBIT P4 TRUE PHOTOCOPY OF THE APPLICATION
DATED 18.06.2020 BEARING RECEIPT
NO.2566 SUBMITTED TO THE OFFICE OF THE
1ST RESPONDENT IN FORM-6 SUBMITTED
BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 TRUE PHOTOCOPY OF THE G.O. DATED
25.02.2021 BEARING NO.1166/2021/REV
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED
22.03.2021 IN WP(C)NO.6827/2021.
