Kerala High Court
Alwin Thomas vs Revenue Divisional Officer on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 26580 OF 2021
PETITIONER:
ALWIN THOMAS
AGED 36 YEARS
S/O. THOMAS, THOTTAPPILLY HOUSE, KALATHODE DESOM,
OLLUKKARA VILLAGE, OLLUKKARA P.O, 680 655 THRISSUR DT
BY ADV SHOBY K.FRANCIS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO, AYYANTHOLE P.O, COLLECTORATE,
THRISSUR 680 003
2 TAHSILDAR,/ADDL. TAHSILDAR, (LAND RECORDS)
THRISSUR TALUK, TALUK OFFICE, MINI CIVIL STATION,
CHEMBUKKAVU P.O, 680 020 THRISSUR 20
3 VILLAGE OFFICER
VELAPPAYA VILLAGE, VELAPPAYA P.O,
THRISSUR DT PIN CODE 680 596
4 LOCAL LEVEL MONITORING COMMITTEE(LLMC) OF AVANUR GRAMA
PANCHAYATH,
REPRESENTED BY ITS CONVENER (AGRICULTURAL OFFICER)
KRISHI BHAVAN, AVANUR P.O, THRISSUR DT PIN CODE 680 541
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN, AVANUR P.O, THRISSUR DT PIN CODE 680 541
6 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVT.
REVENUE DEPARTMENT, GOVT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
SRI.RIYAL DEVASSY-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26580 OF 2021
2
JUDGMENT
The petitioner is the owner in possession of 4.82 Ares of land in
Re-Survey No.24/36 in Block No.58 of Velappaya Village in Thrissur
Taluk of Thrissur District. The petitioner confines his relief for an
expeditious consideration of Exts.P4 and P6 applications in Form Nos.5
and 6 under the Kerala Conservation of Paddy land and Wetland Act,
2008, seeking deletion of entry relating to the subject property from
the data bank and seeking permission for use of land for other
purposes. According to the petitioner, the property is garden land and
has been erroneously included in the data bank.
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 initially consider Ext.P4
application (Form No.5), after obtaining and verifying the relevant
materials and reports from the Agricultural Officer and to pass
appropriate orders thereon within a period of two 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
WP(C) NO. 26580 OF 2021
(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
SVP
WP(C) NO. 26580 OF 2021
APPENDIX OF WP(C) 26580/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF TITLE DEED NO. 5171/1/2008 OF
SRO MUNDUR DATED 26-09-2008 IN FAVOUR OF
THE PETITIONER
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
18-08-2021 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER
Exhibit P3 TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY
THE PETITIONER TO THE 1ST RESPONDENT DATED
22-09-2021
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 23-09-
2021 IN FORM NO. 5 FOR EXCLUSION OF AN
EXTENT OF 4.82 ARES OF LAND COMPRISED IN
RE-SURVEY NO. 24/36 OF VELAPPAYA VILLAGE
SUBMITTED UNDER RULE 4(D) FROM DATA BANK
Exhibit P5 TRUE COPY OF THE ENDORSEMENT ISSUED BY THE
5TH RESPONDENT DATED 28-09-2021
Exhibit P6 A TRUE COPY OF THE APPLICATION NO.
18260/21/D1 SUBMITTED BY THE PETITIONER IN
FORM NO. 6 UNDER RULE 12(1) UNDER SEC. 27
OF THE KERALA CONSERVATION OF PADDY AND
WET LAND ACT, 2008 FOR THE CHANGE OF THE
STATUS OF THE PROPERTY IN THE BTR HAVING
AN EXTENT OF ARS 4.82 ARS (12 CENTS) IE
0.0482 HTRS OF LAND COMPRISED IN RE-SURVEY
NO. 24/36(OLD SURVEY NO. 65/2,66) OF
VELAPPAYA VILLAGE DATED 22-09-2021
Exhibit P7 A TRUE COPY OF THE RECEIPT DATED NIL
ISSUED BY THE OFFICE OF THE 1ST RESPONDENT
Exhibit P8 A TRUE COPY OF THE CHALAN DATED 20-09-2021
