Shameel Rasheed vs State Of Kerala
2021 Latest Caselaw 23158 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943
                         WP(C) NO.19251 OF 2021
PETITIONER :-

             SHAMEEL RASHEED, AGED 32 YEARS
             S/O.ABDUL RASHEED, 69/1194 CITIZEN ROAD,
             ERNAKULAM DISTRICT, PIN-682 018.

             BY ADV K.I.ABDUL RASHEED


RESPONDENTS :-

     1       STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY,
             REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695 001.

     2       THE REVENUE DIVISIONAL OFFICER,
             FORT KOCHI, ERNAKULAM DISTRICT, PIN-682 001.

     3       THE VILLAGE OFFICER
             VILLAGE OFFICE ERNAKULAM, ERNAKULAM DISTRICT,
             PIN-682 011.

           SRI.APPU.P.S., GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.11.2021,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.19251 OF 2021

                                -: 2 :-


                            JUDGMENT

Dated this the 24th day of November, 2021

The petitioner is the owner in possession of 31 sqare metres,

0.8 square metres and 1.27 Ares of property in Survey Nos.54/5-

22-2, 54/1-23-2 and 54/1-23 respectively in Ernakulam Village in

Kanayannur Taluk of Ernakulam District. The petitioner confines

his relief for an expeditious consideration of Ext.P5 application in

Form 5 under the provisions of the Kerala Conservation of Paddy

Land and Wetland Act and Rules, seeking deletion of entry relating

to the subject property from the data bank as also a consideration

of Ext.P6 application in Form 6 under Section 27A of the 2008 Act

for permission to use the property for other purposes. It is

submitted by the learned counsel for the petitioner that the

property is dry land and has been erroneously included in the data

bank. The learned counsel for the petitioner also seeks a

consideration of both Exts.P5 and P6 applications without

reference to Ext.P7 letter which has been submitted by mistake.

2. 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 2 nd respondent to initially

consider Ext.P5 application (Form No.5), after obtaining and WP(C) NO.19251 OF 2021

verifying the relevant materials and reports from the Agricultural

Officer and to pass appropriate orders thereon within a period of

three months from the date of receipt of a copy of this judgment. If

orders are passed excluding the property from the data bank, then,

Ext.P6 application (Form No.6) shall also be taken up for

consideration and appropriate orders shall be passed thereon

within a period of three months thereafter. The RDO shall consider

all relevant matters and shall obtain reports from the concerned

Village Officer as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/30.11.2021 WP(C) NO.19251 OF 2021

APPENDIX OF WP(C) 19251/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 1.9.2021 ISSUED FROM THE VILLAGE OFFICE, ERNAKULAM

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK ISSUED BY THE KRISHIBHAVAN, VYTTILA

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 17.6.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P3(a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD FOR RECEIPT OF THE EXHIBIT P3 APPLICATION BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE LETTER NO 248/2021 DATED 24.6.2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 1.9.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P5(a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD FOR RECEIPT OF THE EXHIBIT P5 APPLICATION BY THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE APPLICANT IN FORM NO.6 DATED 17/9/2021 SEND TO THE 2ND RESPONDENT

Exhibit P7 TRUE COPY OF THE COVERING LETTER DATED 17/9/2021 SEND TO THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF RS.1000/-AS FEES FOR APPLICATION DATED 16/9/2021

Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE APPLICATION RECEIVED BY THE 2ND RESPONDENT DATED 20/9/2021