Shangeesh vs Revenue Divisional Officer
2021 Latest Caselaw 9927 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7587 OF 2021(W)


PETITIONERS:

      1        SHANGEESH, AGED 35 YEARS
               S/O BALAN.P, PULIYARANGATTU HOUSE,
               MUTTANCHERRY P.O, NARIKKUNI VIA,
               KOZHIKODE DISTRICT, PIN-673585.

      2        BALAN.P,AGED 75 YEARS
               S/O KORAPPAN, PULIYARANGATTU HOUSE,
               MUTTANCHERRY P.O,NARIKUNNI VIA,
               KOZHIKODE DISTRICT, PIN-673585.

               BY ADVS.
               SRI.K.P.SUDHEER
               SMT.C.K.SHERIN

RESPONDENTS:

      1        REVENUE DIVISIONAL OFFICER
               KOZHIKODE DIVISIONAL OFFICE,
               CIVIL STATION, ERANHIPALAM,
               KOZHIKODE, PIN-673020.

      2        THE LOCAL LEVEL MONITORING COMMITTEE,
               KURUVATTUR GRAMA PANCHAYAT, REPRESENTED BY ITS
               CONVENOR, AGRICULTURAL OFFICER,
               KRISHI BHAVAN, KURUVATTUR, KOZHIKODE DISTRICT,
               PIN-673611.

      3        THE VILLAGE OFFICER,VILLAGE OFFICE,
               KURUVATTUR, KOZHIKODE DISTRICT, PIN-673611.

               BY GOVT. PLEADER SRI. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7587 OF 2021(W)

                                    2




                             JUDGMENT

Dated this the 24th day of March 2021

Seeking removal of the entry relating to the property

of the petitioner from the data bank maintained under the

Kerala Conservation of Paddyland and Wetland Act (in

short, 'the Act'), the petitioner has filed Ext P6

application in Form No.5. The petitioner maintains that,

the property has been lying as a reclaimed land since the

past 20 to 25 years.

The writ petition is disposed of directing the 1 st

respondent to consider Ext P6 application(form No.5) on

obtaining necessary reports and pass appropriate orders,

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.7587 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED DATED 30.11.2015 REGISTERED AS DOCUMENT NO.3654/2015 OF KAKKODI SRO.

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED DATED 27.11.2000 REGISTERED AS DOCUMENT NO.3884/2000 OF KAKKODI SRO.

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 07.01.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF LOCATION CERTIFICATE AND SKETCH DATED 11.01.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER AND HIS BROTHER.

EXHIBIT P6 TRUE COPY OF APPLICATION IN FORM NO.5 DATED 18.12.2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT ON RECEIPT OF EXHIBIT P6 APPLICATION.