Hima Dani vs The Revenue Divisional Officer
2021 Latest Caselaw 10712 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.8366 OF 2021(U)


PETITIONER/S:

                HIMA DANI, AGED 39 YEARS
                W/O.P.DANI THOMAS, ALAPATT PALATHINGAL, PERINGAVU
                P.O., THRISSUR-680018.

                BY ADV. SRI.BINOY VASUDEVAN

RESPONDENT/S:

      1         THE REVENUE DIVISIONAL OFFICER
                OFFICE OF THE RDO, CIVIL STATION, AYYANTHOLE,
                THRISSUR-686003.

      2         THE VILLAGE OFFICER,
                OLLUR VILLAGE, OLLUR P.O., THRISSUR DISTRICT-680306.

                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.8366 OF 2021(U)

                               2




                            JUDGMENT

Dated this the 30th day of March 2021

The petitioner prays for an expeditious consideration

of the applications filed by her in Form No.5 and 7 of the

Kerala Conservation of Paddyland and Wetland Rules. The

petitioner maintains that the property in question, of

which she is the absolute owner, has been wrongly included

in the Data Bank maintained under the Kerala Conservation

of Paddyland and Wetland Act, 2008 (for short, 'the

Act'). It is accordingly that she has filed application in

Form No. 5, seeking exclusion of the property therefrom.

The petitioner has also sought for permission for change

in the nature of land.

The writ petition is disposed of directing the 1 st

respondent to obtain the necessary reports regarding the

nature of the land in question and pass appropriate orders

on Form No.5 application initially. If the property is

ordered to be excluded from the Data Bank, then, the Form

No. 7 application shall be considered and appropriate WP(C).No.8366 OF 2021(U)

orders passed in accordance with law. Let the proceedings

be completed and orders passed 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.8366 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DOCUMENT NO.4320/2006 OF S.R.O KUTTANELLUR DATED 13.09.2006.

EXHIBIT P2 TRUE COPY OF DOCUMENT NO.516/07 OF S.R.O KUTTANELLUR DATED 27.01.2007.

EXHIBIT P3 TRUE COPY OF DOCUMENT NO.679/08 OF S.R.O KUTTANELLUR DATED 02.02.2008.

EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 29.07.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 09.09.2015 IN W.P.(C)NO.27187 OF 2015.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT VIDE ORDER NO.D1- 12780/15/K.DIS DATED 04.09.2015.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 29.09.2015 ISSUED BY THE AGRICULTURAL FILED OFFICER.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 21.12.2015 IN W.P.(C)NO.38267 OF 2015.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 23.10.2017 IN W.P(C)NO.13061 OF 2017.

EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FROM NO.5 DATED 01.03.2021.

EXHIBIT P11 TRUE COPY OF THE APPLICATION PREFERRED AN APPLICATION UNDER SECTION 27A IN FORM NO.7 DATED 20.02.2021.