Jessy Michael vs The Revenue Divisional Officer
2021 Latest Caselaw 10189 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7760 OF 2021(T)


PETITIONER:

               JESSY MICHAEL
               AGED 54 YEARS
               W/O. MICHAEL, CHIRAPPURATH HOUSE, POLINJAPALAM
               BHAGOM, ADIMALY P.O. IDUKKI DISTRICT.

               BY ADV. SRI.LATHEESH SEBASTIAN

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER
               DEVIKULAM , IDUKKI DISTRICT 685 613.

      2        VILLAGE OFFICER,
               MANNAMKANDAM VILLAGE OFFICE, ADIMALY, IDUKKI DISTRICT
               685 561.

      3        THE AGRICULTURAL OFFICER/CONVENOR,
               LOCAL LEVEL MONITORING COMMITTEE, CONSTITUTED UNDER
               THE KERALA PADDY LAND AND WET LAND ACT, 2008,
               AGRICULTURAL OFFICE, ADMIALY, IDUKKI DISTRICT 685
               561.

               BY GOVERNMENT PLEADER: ADV.RAVI KRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2

WP(C).No.7760 OF 2021(T)




                           JUDGMENT

The petitioner is the owner in possession of 8 cents

of property in Survey No.997/3-4-1 of Mannamkandam

Village. The property has been included in the Data Bank

maintained under the Kerala Conservation of Paddy Land

and Wetland Act 2008 ('The Act' for short). The revenue

records also mention the nature of property as 'paddy

land'. The petitioner maintains that the property had

been a converted land much prior to the commencement

of the Act. Petitioner has filed Ext.P5 application in Form

No.5 seeking exclusion of the property from Data Bank.

The petitioner has also filed Ext.P6 application in Form

No.6 seeking conversion of the nature of the property,

for the purpose of construction of a residential building.

The applications are pending consideration.

The writ petition is disposed of directing the 1 st

respondent to take up Ext.P5 application (Form 5)

initially, consider the same and pass appropriate orders

on obtaining necessary reports. If orders are passed

WP(C).No.7760 OF 2021(T)

thereon excluding the property from the Data Bank, then

Ext.P6 application (Form 6) shall be considered and

appropriate orders passed. Let the endeavor be

completed within a period of four months from the date

of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.7760 OF 2021(T)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAN TAX RECEIPT OF THE PROPERTY OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 10.05.2019.

EXHIBIT P2 TRUE COPY OF THE APPLICATION AND RECOMMENDATIONS OF THE LOCAL LEVEL MONITORING COMMITTEE OF ADIMALY GRAMA PANCHAYAT.

EXHIBIT P3 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 04.09.2019.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DISTRICT LEVEL MONITORING COMMITTEE DATED 12.08.2020.

EXHIBIT P5 TRUE COPY OF THE APPLICATION OF THE PETITIONER IN FORM N0.5 DATED 23.12.2020.

EXHIBIT P6 TRUE COPY OF THE APPLICATION OF THE PETITIONER IN FORM NO. 6 DATED 23.12.2O20.