Lyla Abraham vs The Revenue Divisional ...
2021 Latest Caselaw 22343 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                         WP(C) NO. 24550 OF 2021
PETITIONER:

              LYLA ABRAHAM,
              AGED 48 YEARS
              W/O.K.V.ABRAHAM, KOCHUKUDIYIL HOUSE, CHOTTANIKKARA P.O.,
              ERNAKULAM DISTRICT, PIN-682 312.
              BY ADVS.
              P.K.SOYUZ
              E.V.BABYCHAN
RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
              FORT KOCHI, RDO OFFICE, FORT KOCHI P.O.,
              ERNAKULAM, PIN-682 001.
     2        THE AGRICULTURAL OFFICER, MULAMTHURUTHY,
              KRISHI BHAVAN, MULAMTHURUTHY, MULAMTHURUTHY P.O.,
              ERNAKULAM DISTRICT, PIN-682 314.
     3        THE VILLAGE OFFICER, MULAMTHURUTHY VILLAGE,
              VILLAGE OFFICE, MULAMTHURUTHY, MULAMTHURUTHY P.O.,
              ERNAKULAM DISTRICT, PIN-682 314.


              SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24550 OF 2021

                                       2




                                JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P9 and P10 applications in the light of the contents in Ext P3 Judgment, Ext P5 reply of the 2nd respondent and in the light of the judgments in Adani Infrastructures and Developers Pvt. Ltd. V. State Kerala, 2014 (1) KLT 774, Mather Nagar Residents association and another V. District Collector Ernakulam and others, 2020 (2) KHV 94, Joy V. Revenue Divisional Officer/Sub Collector, 2021 (1) KLT 433, and direct to make necessary corrections in the data bank of Mulamthuruthy grama Panchayath by deleting 43.49 Ares of land comprised in Re. Sy. No. 131/1-1, 131/5-1 in Block No.23 of Mulamthruthy Village, from the data Bank.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the owner in possession of 8.09 Ares of land in Re-Survey

No.131/5-1 in Block No.23 of Mulamthuruthy Village in Kanayannoor

Taluk of Ernakulam District. The petitioner and her husband are in joint

ownership and possession of 35.40 Ares of land in Survey No.131/1-1 of WP(C) NO. 24550 OF 2021

the same Village. It is submitted that the petitioner had attempted to

reclaim a portion of land in the year 2007. It is submitted that a stop

memo had been issued by the Additional Tahsildar and a public interest

litigant had approached this Court alleging violation of the said stop

memo. It is submitted that Ext.P3 judgment had been issued in the matter

recording the submission of the petitioner and her husband that they will

not violate the stop memo.

4. It is further submitted that as on the date of commencement of the

Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short

'the Act'), the property had already been converted and there were

coconut trees in the property. However, when the draft data bank was

prepared in terms of the Act, the property was included therein and the

petitioner's husband submitted Ext.P4 application for removal of the

property from the data bank. It is submitted that the 2 nd respondent-

Agricultural Officer had submitted Ext.P5 report stating that the property

is converted land. Thereafter, applications had been filed and the

petitioner had also approached this Court and the application submitted WP(C) NO. 24550 OF 2021

had been directed to be considered. However, since the LLMC was not

functional, the applications were not considered. It is submitted that

thereafter, the LLMC had rejected the request of the petitioner for

removal of the property from the data bank in spite of Ext.P5 report,

against which the petitioner approached this Court and by Ext.P7

judgment, the rejection was set aside and there was a direction to

reconsider the issue after obtaining a report from the KSRSEC. It is

submitted that in the meanwhile, by Ext.P8 proceedings, the draft data

bank was finalized and notified on 03.03.2021. It is submitted that since

the property stood included in the notified data bank, the petitioner has

submitted Exts.P9 and P10 applications in Form 5 for removal of the

property from the data bank, but no action has been taken thereon.

5. It is submitted by the learned Government Pleader that Exts.P9 and

P10 applications are submitted only in September 2021 and that some

time is required for a proper consideration of the same. It is further

submitted that there is no material to show that the property was

converted prior to 2008 and that the request can be considered only on WP(C) NO. 24550 OF 2021

the basis of the available material.

6. Having heard the learned Government Pleader also and without

expressing any view on the merits of the matter, this writ petition is

disposed of directing the 1st respondent to consider Exts.P9 and P10

applications (Form No.5), after obtaining all necessary inputs including

the report of the Agricultural Officer and after considering all relevant

aspects. The entire proceedings shall be completed within a period of

four months from the date of receipt of a copy of this judgment. The

petitioner shall produce a copy of the writ petition along with a copy of

this judgment before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 24550 OF 2021

APPENDIX OF WP(C) 24550/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.06.21 WITH RESPECT TO T.P. NO.5102 OF MULAMTHURHTY VILLAGE.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.06.21 WITH RESPECT TO TP NO.6563 OF MULAMTHURUTHY VILLAGE.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC NO.16179 OF 20-08 DATED 16.07.2008.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 2ND RESPONDENT DATED 05.09.2012.

Exhibit P5 TRUE COPY OF THE REPLY LETTER NO.MLY 32/12-

13 DATED 05.10.2012 SENT BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION C NO.1372 OF 2016 DATED 03.02.2016.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 11.10.2017 IN WPC NO.12450 OF 2016.

Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK OF MULAMTHURUTHY GRAMA PANCHAYATH DATED 03.03.2021.

Exhibit P9 TRUE COPY OF THE APPLICATION DATED 13.09.2021 SUBMITTED BY THE PETITIONER IN FORM NO.5 WITH RESPECT TO TP NO.5102.

Exhibit P10 TRUE COPY OF THE APPLICATION DATED 13.09.2021 SUBMITTED BY THE PETITIONER IN FORM NO.5 WITH RESPECT TO TP NO.6563.

Exhibit P11 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 14.09.2021.

RESPONDENTS' EXHIBITS: NIL