Praseetha M vs Revenue Divisional Officer
2021 Latest Caselaw 7268 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                     WP(C).No.5374 OF 2021(V)


PETITIONER:

               PRASEETHA M,
               AGED 41 YEARS, W/O.VINU.K., MELE VEEDU HOUSE,
               ANAPPARA DESOM, KOTTEKKADS P.O.,
               PALAKKAD , DT -678 732

               BY ADV. SRI.SHOBY K.FRANCIS

RESPONDENTS:

      1        REVENUE DIVISIONAL OFFICER,
               OFFICE OF RDO, PALAKKAD-678 001

      2        LOCAL LEVEL MONITORING COMMITTEE OF MARUTHAROAD
               GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER,
               AGRICULTURAL OFFICER, MARUTHAROAD KRISHI BHAVAN,
               KALLEPPULLY P.O., PALAKKAD-678 018

      3        AGRICULTURE OFFICER,
               MARUTHAROAD KRISHI BHAVAN, MARUTHAROAD,   P.O.,
               PALAKKAD-678 018

      4        TAHSILDAR,
               TALUK OFFICE, PALAKKAD TALUK, PALAKKAD-678 001

      5        VILLAGE OFFICER,
               MALAMPUZHA II VILALGE, KOTTEKKAD P.O.,
               PALAKKAD DT-687 732

               SRI.RAVI KRISHNAN GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOL-
LOWING:
 W.P.(C)No.5374 of 2021                    2




                        W.P.(C) No.5374 of 2021
                 -----------------------------------------------


                              JUDGMENT

Ext.P4 is an application preferred by the petitioner in

Form No.5 of the Kerala Conservation of Paddy Land and Wetland

Rules (the Rules) for removal of the property of the petitioner

referred to in the writ petition from the data bank prepared in

terms of the Kerala conservation of Paddy Land and Wetland Act,

2008 (the Act). Ext.P8 is another application preferred by the

petitioner in Form No.6 of the Rules for permission to utilize the

said land which is an un-notified land in terms of the Act, for other

purposes. The grievance of the petitioner in the writ petition

concerns the inaction on the part of the first respondent in taking a

decision on Ext.P4 and Ext.P8 applications.

2. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

3. Having regard to the facts and circumstances of

the case, I deem it appropriate to dispose of the writ petition

directing the first respondent to take up and pass appropriate

orders on Ext.P4 in accordance with law, if the same is received

and pending, after affording the petitioner an opportunity of

hearing. Ordered accordingly. Needless to say that if Ext.P4

application is allowed, orders shall be passed by the first

respondent simultaneously on Ext.P8 application as well. This shall

be done within three months from the date of production of a copy

of this judgment along with a copy of the writ petition by the

petitioner. If the applications directed to be disposed of are found

defective, the defect shall be intimated to the petitioner by the

first respondent immediately on production of a copy of this

judgment, and the first respondent will be entitled to avail the time

taken by the petitioner to cure the defects in the applications also,

for compliance of the directions contained in this judgment. It is

made clear that the hearing in terms of this judgment can either

be physical or through video conference.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 18.2.2021

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.30.219

EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION ON THE DATA BANK DATED NIL PREPARED BY THE 3RD RESPONDENT

EXHIBIT P4 TRUE COPY APPLICATION UNDER RULE 4 OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 INFORM NO.5 DATED 18.9.2019 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR REMOVING THE PROPERTY FROM THE DATA BANK

EXHIBIT P5 TRUE COPY OF THE INTIMATION DATED 18.9.2019 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 5.2.2020 ISSUED BY THE 3RD RESPONDENT TO THE DIRECTOR KSRSEC

EXHIBIT P7 TRUE COPY THE SATELLITE REPORT WITH IMAGES DATED 27.2.2020

EXHIBIT P8 TRUE COPY OF THE APPLICATION UNDER SEC.27A OF THE KERALA CONSERVATION OF PADDY AND WET LAND ACT, 2008 IN FORM NO.6 UNDER RULE 12(1)OF THE RULES DATED 22.2.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR CHANGING THE STATUS OF THE PROPERTY AS PARAMBA OR PURAYIDOM IN THE BTR SITUATED IN OLD SURVEY NO.220/7 (RE-SURVEY NO.326/27)OF MALAMPUZHA II VILLAGE IN PALAKKAD TALUK

EXHIBIT P9 TRUE COPY OF THE CHALAN DATED 22.2.2021