Shaji N Kuruvila vs District Collector
2021 Latest Caselaw 15737 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                             WP(C) NO. 15290 OF 2021
PETITIONER:

              SHAJI N KURUVILA
              AGED 47 YEARS, S/O LATE SRI A.N.KURUVILA, AMPARAYILHOUSE,
              THALAVADI VILLAGE, NOW R/A AMPARAYIL HOUSE, RS PO - 689111,
              THIRUVALLA VILLAGE, THIRUVALLA THALUK, PATHANAMTHITTA
              DISTRICT.


              BY ADVS.
              VARUGHESE M EASO
              VIVEK VARGHESE P.J.



RESPONDENTS:

     1        THE DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL STATION,
              PATHANAMTHITTA PO, PATHANAMTHITTA DISTRICT, PIN - 689645.


     2        THE VILLAGE OFFICER, THIRUVALLA VILLAGE, THIRUVALLA PO,
              PATHANAMTHITTA DISTRICT, PIN - 689101.

     3        THE SUB COLLECTOR, RDO OFFICE, THIRUVALLA, THIRUVALLA PO,
              PATHANAMTHITTA DISTRICT, PIN - 689101.

     4        THE LOCAL LEVEL MONITORING COMMITTEE, REP. BY ITS CONVENOR,
              THIRUVALLA KRISHIBHAVAN, KAVUMBHAGAM PO, PATHANAMTHITTA
              DISTRICT, PIN - 689101.

     5        STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF
              REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.15290 of 2021
          ==================
          Dated this the 30th day of July, 2021

                          JUDGMENT

The petitioner confines his relief for an

expeditious consideration of Exts.P15 and P16 applications in Form Nos.5 and 6 of the Kerala

Conservation of Paddy land and Wetland Rules,

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 third

respondent to initially consider Ext.P15

application (Form No.5), on obtaining and verifying

the relevant materials, and pass appropriate orders

thereon. If orders are passed excluding the

property from the data bank, then Ext.P16

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

consideration and appropriate orders passed. Let W. P. (C) No.15290 of 2021

the proceedings be completed within a period of

four months from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 15290 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPYT OF THE WILL NO.416/III/2012 DATED 26/11/2012 OF SRO, THIRUVALLA.

EXT.P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 30/4/19 ISSUED BY THE VILLAGE OFFICER, THIRUVALLA.

EXT.P3 TRUE COPY OF MINUTES NO.A3-3189/1999 DATED 10.11.1999.

EXT.P4 TRUE COPY OF THE LETTER NO.B/3152/2015 OF RDO THIRUVALLA DATED 01.06.2015, TO THE DISTRICT COLLECTOR, PATHANAMTHITTA.

EXT.P5 TRUE COPY OF THE REPORT NO.C2-912/14 DATED 04.06.2015 BY THE DISTRICT COLLECTOR, TO THE GOVERNMENT.

EXT.P6 TRUE COPY OF THE RECEIPT NO.3710/3/16/C4 DATED 29.1.2016 ISSUED BY THE 1ST RESPONDENT.

EXT.P7 TRUE COPY OF THE RECEIPT NO.3713/3/16/C4 DATED 29.1.16 ISSUED BY THE 1ST RESPONDENT.

EXT.P8 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK NOTIFICATION.

EXT.P9 TRUE COPY OF POSSESSION CERTIFICATE NO.10624354 DATED 27.2.15.

EXT.P10 TRUE COPY OF THE APPLICATION DATED 27.09.2019 BY THE PETITIONER TO THE 3RD RESPONDENT.

EXT.P11 TRUE COPY OF ACKNOWLEDGMENT BY THE OFFICE OF THE 3RD RESPONDENT TO EXT.P10 APPLICATION.

EXT.P12 TRUE COPY OF THE JUDGMENT DATED 12.3.19 IN WA 47/19 OF THIS HONOURABLE COURT.

EXT.P13 JUDGMENT DATED 14.10.19 IN WPC 27214/19 OF THIS HONOURABLE COURT.

APPENDIX/WP(C) NO. 15290 OF 2021

EXT.P14 TRUE COPY OF THE CHALLAN RECEIPT DATED 12.12.19 ISSUED BY THE THIRUVALLA SUB TREASURY.

EXT.P15 TRUE COPY OF THE FORM NO.5 APPLICATION AS PER RULE 4(d) DATED 12.12.19.

EXT.P16 TRUE COPY OF THE FORM NO.6 APPLICATION AS PER RULE 12(1) DATED 12.12.19.

EXT.P17 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED18.12.19 ISSUED BY THE 3RD RESPONDENT.

EXT.P18 TRUE COPY OF THE ORDER NO.GO NO.1166/2021/REVENUE DATED 25.2.21.

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