Seena E.C vs Revenue Divisional Officer
2021 Latest Caselaw 23437 Ker

               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. 26596 OF 2021
PETITIONER:

          SEENA E.C.,
          AGED 37 YEARS
          W/O.ROSHAN.C.J., CHIRAYATH HOUSE, IMA NAGAR,
          MUNDATHICODE P.O., PIN-680 601.

          BY ADVS.
          SHOBY K.FRANCIS
          SHIBIN K.F.
          SREESHMA B. CHANDRAN



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE RDO, AYYANTHOLE P.O., COLLECTORATE,
          THRISUSR-680 003.

    2     TAHSILDAR/ADDL.TAHSILDAR (LAND RECORDS),
          THALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERY P.O.,
          THRISSUR DISTRICT-680 582.

    3     VILLAGE OFFICER, MUNDATHICODE VILLAGE,
          MUNDATHICODE P.O., THRISUSR DSITRICT-680 601.

    4     LOCAL LEVEL MONITORING COMMITTEE (LLMC) OF WADAKANCHERY
          MUNICIPALITY,
          REPRESENTED BY ITS CONVENER 9AGRICULTURAL OFFICER),
          KRISHI BAHVAN, MUNDATHICODE P.O., ARYAMPADAOM,
          THRISSUR DISTRICT-680 601.

    5     AGRICULTURAL OFFICER, KRISHI BHAVAN,
          MUNDATHICODE P.O., ARYAMPADAOM,
          THRISSUR DISTRICT-680 601.

    6     STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
          GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.
 WP(C) NO. 26596 OF 2021

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            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. 26596 OF 2021

                                    3


                              JUDGMENT

The petitioner is the owner in possession of 1.85 Ares of land in Re-

Survey No.65/122 in Block No.56 of Mundathicode Village in Thalappilly

Taluk of Thrissur District. The petitioner confines her 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 (Form No.6) shall

also be taken up for consideration and appropriate orders shall be passed WP(C) NO. 26596 OF 2021

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. 26596 OF 2021

APPENDIX OF WP(C) 26596/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SETTLEMENT DEED NO.2140/2013 OF SRO WADAKANCHERY DATED 25.05.2013 IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LATEST BASIC TAX RECEIPT DATED 28.09.2021 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 NIL.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 30.09.2021 IN FORM NO.5 FOR EXCLUSION OF AN EXTENT OF 1.85 ARS OF LAND COMPRISED IN RE- SURVEY NO.65/122 OF MUNDATHICODE VILLAGE SUBMITTED UNDER RULE 49D) FROM DATA BANK.

Exhibit P5 TRUE COPY OF THE ENDORSEMENT ISSUED BY THE 1ST RESPONDENT DATED NIL.

Exhibit P6 A TRUE COPY OF THE APPLICATION NO.19343/21/B3 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 1.85 ARS OF LAND COMPRISED IN RE-SURVEY NO.65/122 OF MUNDATHICODE VILLAGE DATED 30.09.2021.

Exhibit P7 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD DATED 05.11.2021 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P8 A TRUE COPY OF THE CHALAN DATED 04.10.2021.