Sudev V.R vs Revenue Divisional Officer
2021 Latest Caselaw 12788 Ker

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
        TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
                        WP(C) NO. 11061 OF 2021
PETITIONER/S:

            SUDEV V.R.
            AGED 45 YEARS
            S/O.LATE RAMAKRISHNAN, VATTATHARA HOUSE, THURAVOOR P.O.,
            PIN-688 532, ALAPPUZHA DISTRICT.
            BY ADV C.J.JOY


RESPONDENT/S:

    1       REVENUE DIVISIONAL OFFICER
            ALAPPUZHA, SUB COLLECTOR OFFICE, ALAPPUZHA P.O.,
            ALAPPUZHA DISTRICT, PIN-688 533.
    2       THE VILLAGE OFFICER, KODAMTHURUTH VILLAGE,
            KUTHIYATHODU P.O., PIN-688 533, ALAPPUZHA DISTRICT.
    3       THE AGRICULTURE OFFICER,
            KRISHI BHAVAN, KODAMTHURUTH, KUTHIYATHODU P.O., PIN-688
            533, ALAPPUZHA DISTRICT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) 11061 of 2021
                           C.S.DIAS, J.
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                      WP(C) 11061 of 2021
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               Dated this the 8th day of June, 2021.

                            JUDGMENT

The petitioner is the owner of 3.24 Ares of land comprised

in Sy No.173/21B of Kodamthuruthu Village, Cherthala Taluk,

Alappuzha District covered by Ext P1 document.

2. It is the case of the petitioner that in all the parent

documents of the above property, the property is described as

'filled nilam'. The area surrounding the property are now dry

lands in which numerous trees that are decades old stand and

innumerable houses have been constructed. Yet, the

petitioner's property is described as 'nilam' in the revenue

records. The petitioner is desirous of constructing a house in

the property, for which he has submitted Ext P2 application,

under the Kerala Conservation of Paddy Land and Wetland

Rules, 2008, before the first respondent as early as on

9.11.2020. The first respondent has received reports from the

Village Officer and Agricultural Officer and a hearing was

WP(C) 11061 of 2021

conducted on 17.2.2021. However, the first respondent has not

disposed of Ext P2 application. Hence, the writ petition.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for

the respondents.

4. Taking into account the fact that the petitioner has

submitted Ext P2 application as early as on 9.11.2020 and the

Village Officer and the Agricultural Officer have already

submitted their reports to the first respondent and that a

hearing was conducted on 17.2.2021, I direct the first

respondent to consider and dispose of Ext P2 application, in

accordance with law, as expeditiously as possible and at any

rate within a period of six weeks from the date of production of

a copy of this judgment.

The writ petition is ordered accordingly.

Sd/-

                                                     C.S.DIAS
sks/8.6.2021                                         JUDGE


APPENDIX OF WP(C) 11061/2021


PETITIONER ANNEXURE
EXHIBIT P1            TRUE COPY OF SETTLEMENT DEED NO.1982/2019

DATED 31.12.2019 OF KUTHIYATHODU SRO EXECUTED IN FAVOUR OF THE PETITIONER BY HIS MOTHER. EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 06.11.2020 UNDER RULE 12(3) OF THE KERALA PADDY LAND AND WETLAND CONSERVATION RULE 2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE HEARING DATED 05.02.2021 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.