Philomina Joseph vs The Revenue Divisional Officer
2021 Latest Caselaw 9336 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.3618 OF 2021(B)


PETITIONER:

               PHILOMINA JOSEPH
               AGED 61 YEARS
               W/O.JOSE CHERIAN, CHENNAMKARA HOUSE, CHEKKIDIKAD
               P.O., EDATHUA VILLAGE, ALAPPUZHA DISTRICT PIN 689 573

               BY ADVS.
               SRI.P.K.SOYUZ
               SRI.E.V.BABYCHAN

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, DISTRICT COURT ROAD,
               THATHAMPALLY, ALAPUZHA DISTRICT, PIN 688 013.

      2        THE LOCAL LEVEL MONITORING COMMITTEE
               EDATHUA GRAMA PANCHAYATH, REP.BY ITS CONVENOR,
               AGRICULTURAL OFFICER, KRISHI BHAVAN, EDATHUA, EDATHUA
               VILLAGE, ALAPPUZHA DISTRICT PIN 689 573

      3        AGRICULTURAL OFFICER
               KRISHI BHAVAN, EDATHUA, EDATHUA VILLAGE, ALAPPUZHA
               DISTRICT PIN 689 573

      4        THE VILLAGE OFFICER
               EDATHUA VILLAGE,KUTTANADU TALUK, EDATHUA P.O.,
               ALAPUZHA DISTRICT, PIN689 573.

               BY GOVERNMENT PLEADER:SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C).No.3618 OF 2021(B)




                             JUDGMENT

Petitioner is the owner in possession of 23.30 ares

of property in Survey.Nos.486/4 A1 and 486/4 B1 of

Edathua Village. According to the petitioner, the property

in question had been lying as a 'purayidom' for the past

more than 100 years. She relies on the recitals in Ext.P2

gift deed of the year 1957 to substantiate the same. The

property has been erroneously included in the Data Bank

maintained under the Kerala Conservation of Paddy Land

and Wetland Act 2008 ('The Act' for short), it is

contended. The petitioner has submitted Ext.P4

application in Form No.5 under the Kerala Conservation

of Paddy Land and Wetland Rules ('The Rules' for short)

seeking exclusion of the property from the Data Bank,

and also Ext.P8 application in Form No.9 under Section

27A of the Act. The applications are pending

consideration.

The writ petition is disposed of directing the 1 st

respondent - Revenue Divisional Officer to initially

WP(C).No.3618 OF 2021(B)

consider Ext.P4 application (Form 5) in accordance with

law, on obtaining necessary reports, and pass orders

thereon, within a period of two months from the date of

receipt of a copy of this judgment. On such orders being

passed, Ext.P8 application shall be taken up for

consideration and appropriate orders passed thereon

within one month thereafter.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.3618 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.990 OF 2006 DATED 4.5.2006 OF AMBALAPUZHA SRO.

EXHIBIT P2 TRUE COPY OF THE GIFT DEED NO.2117 OF 1957 DATED 12.10.1957 OF AMBALAPUZHA SRO.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF EDATHUA GRAMA PANCHAYATH.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 2.3.2020 IN FORM NO.5

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 2.3.2020

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 28.5.2020

EXHIBIT P7 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT LLMC, DATED 10.12.2020

EXHIBIT P8 TRUE COPY OF THE APPLICATION IN FORM NO.9 DATED 4.1.2021.

EXHIBIT P9 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 12.1.2021