Athul Vinay vs Revenue Divisional Officer
2021 Latest Caselaw 9930 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.7568 OF 2021(U)


PETITIONER:

               ATHUL VINAY, S/O VINAYAKUMAR, AGED 24 YEARS
               MULLASSERY HOUSE, MALAYATOOR DESOM, MALAYATTOOR
               VILLAGE, ALUVA TALUK, MALAYATTOOR P.O.,
               PIN-683 587.

               BY ADVS.
               SRI.T.K.AJITHKUMAR (VALATH)
               SMT.ASWANI JYOTHY A.S.

RESPONDENTS:

      1        REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682 001.

      2        LOCAL LEVEL MONITORING COMMITTEE,
               MALAYATTOOR NEELESWARAM GRAMA PANCHAYAT, REPRESENTED
               THE CONVENER/AGRICULTURAL OFFICER, LOCAL LEVEL
               MONITORING COMMITTEE, MALAYATTOOR NEELESWARAM GRAMA
               PANCHAYAT, MALAYATTOOR P.O., PIN-683 587.

      3        AGRICULTURAL OFFICER/CONVENER,
               LOCAL LEVEL MONITORING COMMITEE, MALAYATTOOR
               NEELESWARAM GRAMA PANCHAYAT, MALAYATTOOR P.O., PIN-
               683 587.

      4        THE VILLAGE OFFICER,
               VILLAGE OFFICE, MALAYATTOOR P.O., PIN-683 587.

               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.7568 OF 2021(U)

                                  2



                             JUDGMENT

Dated this the 24th day of March 2021

The petitioner has filed Ext P3 application in Form

6 in terms of Section 27A of the Kerala Conservation of

Paddyland and Wetland Act (in short, 'the Act'), on

15.07.2020, seeking change of user of the land. The

application is pending consideration before the 1 st

respondent. The petitioner relies on Ext P2, the

relevant entry in the data bank maintained under the Act,

to contend that the property in question is recorded as

'dry land'.

The writ petition is disposed of directing the 1 st

respondent to consider Ext P3 application(Form No.6) on

obtaining necessary reports and pass orders thereon as

expeditiously as possible and at any rate within a period

of three months from the date of receipt of a copy this

judgment.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.7568 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 05.06.2020 ISSUED BY 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK.

EXHIBIT P3 THE TRUE COPY OF THE APPLICATION DATED 15.07.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF THE REPORT OF THE 4TH RESPONDENT DATED 12.01.2021.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.25197/2019 DATED 12.11.2019.

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE KSREC DATED 24.01.2019.

EXHIBIT P7 PHOTOCOPY OF THE SKETCH PREPARED BY THE 4TH RESPONDENT.