Eldhose K.P vs The Revenue Divisional Officer
2021 Latest Caselaw 10537 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                        WP(C).No.7803 OF 2021(A)


PETITIONER/S:

                ELDHOSE K.P
                AGED 50 YEARS
                S/O. POULOSE, KARIKKUDY HOUSE, THURTHY P.O,
                PRALAYIKKADU KARA, VENGOOR WEST VILLAGE, PERUMBAVOOR,
                EERNAKULAM DISTRICT

                BY ADV. SRI.N.K.KARNIS

RESPONDENT/S:

      1         THE REVENUE DIVISIONAL OFFICER
                MUVATTUPUZHA, ERNAKULAM DISTRICT 686 661

      2         VILLAGE OFFICER,
                VENGOOR WEST VILLAGE OFFICE, VENGOOR, ERNAKULAM
                DISTRICT 683545

      3         THE AGRICULTURAL OFFICER/CONVENOR,
                LOCAL LEVEL MONITORING COMMITTEE, CONSTITUTED UNDER
                THE KERALA PADDY LAND AND WET LAND ACT, 2008
                AGRICULTURE OFFICE, MUDAKKUZHA, ERNAKULAM DISTRICT
                683545

                BY G.P SRI. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7803 OF 2021(A)

                                        2



                                 JUDGMENT

Dated this the 29th day of March 2021

An extent of 1.27 Ares of property in Vengoor West

Village was purchased by the petitioner along with his

wife from one Karthyayini as per Sale Deed

No.634/2019. Though the property in question was

converted much prior to the enactment of the Kerala

Conservation of Paddyland and Wetland Act (in short,

'the Act'), it is wrongly included in the Data Bank

maintained under the Act. Seeking removal of the

property from the data bank, the vendor of the

petitioner filed Ext P5 application in Form No.5

prescribed under the relevant Rules. The application

has been pending since February, 2019. The petitioner

has filed Ext P6 representation, referring to the Form

5 application submitted by his predecessor and sought

for appropriate action.

The writ petition is disposed of directing the 1 st

respondent to consider Ext P5 application and pass WP(C).No.7803 OF 2021(A)

appropriate orders on obtaining relevant reports and

on the petitioner making available the documents

relating to his acquisition title over the property,

as expeditiously as possible and at any rate within a

period of 3 months from the date of receipt of a copy

of this judgment.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.7803 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SALE DEED NO. 634/2019 OF KURUPPAMPADY SRO DATED 28-03-2019

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 04-06--2020

EXHIBIT P3 TRUE COPY OF THE TEMPORARY RESIDENCE CERTIFICATE ISSUED BY THE SECRETARY OF MUDAKKUZHA GRAMA PANCHAYAT DATED 14-01-

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK IN SURVEY NO. 256/2 OF VENGOOR WEST VILLAGE

EXHIBIT P5 TRUE COPY OF THE APPLICATION OF THE VENDOOR OF THE PROPERTY DATED 07-02- 2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED NIL