Jose Sebastian vs The Revenue Divisional Officer
2021 Latest Caselaw 10708 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                        WP(C).No.8390 OF 2021(W)


PETITIONER/S:

                JOSE SEBASTIAN,AGED 48 YEARS
                S/O.SEBASTIAN M., MATHA GARDENS, KOTTEKKAD P.O.,
                THEKKEMKUNNAM, PALAKKAD DISTRICT, PIN - 678 732.

                BY ADVS.
                SRI.JACOB SEBASTIAN
                SRI.K.V.WINSTON
                SMT.ANU JACOB

RESPONDENT/S:

      1         THE REVENUE DIVISIONAL OFFICER
                OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD
                DISTRICT, PIN - 678 001.

      2         THE VILLAGE OFFICER
                PALAKKAD-2 VILLAGE, PALAKKAD DISTRICT, PIN - 678 001.

      3         THE AGRICULTURAL OFFICER FOR THE PALAKKAD
                MUNICIPALITY
                PALAKKAD DISTRICT, PIN - 678 001.

      4         THE LOCAL LEVEL MONITORING COMMITTEE FOR THE PALAKKAD
                MUNICIPALITY
                CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND
                WETLAND ACT, 2008, REPRESENTED BY ITS CONVENER, THE
                AGRICULTURAL OFFICER, PALAKKAD MUNICIPALITY, PALAKKAD
                DISTRICT, PIN - 678 001.

                BY G.P SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8390 OF 2021(W)




                                JUDGMENT

Dated this the 30th day of March 2021

The petitioner seeks for a direction for an expeditious

consideration of Ext P5 application submitted by him before

the 1st respondent in form No.5 as provided for under the

Kerala Conservation of Paddyland and Wetland Act, 2008(for

short, 'the Act'), seeking exclusion of his property from the

Data Bank maintained under the Act.

2. Ext P3 is the proceedings of the revenue divisional

officer under the Kerala Land Utilisation Order, granting

permission to utilise the property for the construction of

residential building.

Writ petition is disposed of directing the 1 st

respondent to consider and pass orders on Ext P5 application

taking due note of Ext P3 KLU order, as expeditiously as

possible and at any rate within a period of three months from

the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE VDV WP(C).No.8390 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.45955471 DATED 18/02/2020 ISSUED BY THE VILLAGE OFFICER, PALAKKAD- 2 VILLAGE, PALAKKAD TALUK & PALAKKAD DISTRICT.

EXHIBIT P2 A TRUE COPY OF THE SALE DEED NO.147/1/2020 OF THE SRO, PALAKKAD EXECUTED ON 13/01/2020 RELATING TO THE PLOT.

EXHIBIT P3 A TRUE COPY OF THE KLU ORDER DATED 24/11/2007 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 TRUE PHOTOGRAPH OF THE PETITIONER'S PLOT.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 03/03/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT SEEKING TO REMOVE THE PROPERTY FROM THE LAND DATA BANK.