K.V.Shamsudheen vs Revenue Divisional Officer
2021 Latest Caselaw 20722 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 17406 OF 2021
PETITIONERS:

    1     K.V.SHAMSUDHEEN
          AGED 47 YEARS
          S/O.VEERANKUTTY, KVS MANZIL, CHEERANI, KOLLENGODE (PO),
          CHITTUR TALUK, PIN-678 504

    2     SUMESH BHASKARAN
          S/O. VALIYARA BHASKARAN, DOOR NO.244, VALIYARA, BASAPPA
          LAYOUT, HENNUR, BANGALORE,PIN-560 043

          BY ADVS.
          M.PREMKUMAR
          H.PRAVEEN (KOTTARAKARA)



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, PARAKKUNNAM, VIDYUT NAGAR,
          PALAKKAD , KERALA-678 001

    2     TAHSILDAR,
          TALUK OFFICE, CHITTUR- GOPALAMPURAM RD, CHITTUR,
          KERALA-678 101

    3     VILLAGE OFFICER,
          VILLAGE OFFICE, KOLLENGOD-I, PALAKKAD,
          KERALA-678 506



          RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17406 OF 2021              2


                                 JUDGMENT

This writ petition is filed challenging Ext.P6 stop memo issued by the

Village Officer and seeking a direction to the 1 st respondent to consider

Ext.P7 application submitted by the petitioner in Form 5 under Section 5(4)

(i) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 for

removal of the property concerned from the data bank.

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

Government Pleader.

3. It is submitted that the 1st petitioner is an absolute owner in

possession of 30 cents of property in Survey No.401/1, block no.14 of

Kollengode -1 Village, Chittur Taluk, Palakkad District. It is submitted that

in the year 2004, Ext.P3 proceedings had been issued permitting conversion

of the property for construction of a residential building under Clause 6 (2)

of the Kerala Land Utilisation Order. It is submitted that thereafter, Ext.P4

building permit had been obtained by the 1 st petitioner. It is submitted that

the 2nd petitioner had put up a temporary shed in the property for

conducting sale of vegetables. It is submitted that Ext.P6 stop memo had

been issued on 09.08.2021 requiring the 1st petitioner to stop the said

activity. It is submitted that the 1 st petitioner on becoming aware that his

property was included in the data bank notified in 2021, had submitted

Ext.P7 application for removal of the property from the data bank. It is

submitted that the said application is pending and is liable to be considered

in accordance with law.

Having heard the learned Government Pleader also, I am of the

opinion that the application submitted by the 1 st petitioner is liable to be

considered in accordance with law. There will, accordingly, be a direction to

the 1st respondent to take up Ext.P7 application preferred by the 1 st

petitioner and to consider and pass orders on the same, after considering all

relevant aspects of the matter and obtaining reports as are required, within

a period of two months from the date of receipt of a copy of this judgment.

Till such time, status quo as on today shall be maintained in respect of the

property covered by Ext.P7 application. The petitioners shall produce a copy

of this writ petition along with a copy of the judgment before the 1 st

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 17406/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.3087/2006 DATED 12/11/2006

Exhibit P2 TRUE COPY OF THE LATEST LAND TAX RECEIPT DATED 27.10.2020

Exhibit P3 TRUE COPY OF THE LAND UTILIZATION ORDER M 253/03 ISSUED BY THE 1ST RESPONDENT DATED 24.01.2004

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.186/06-07 DATED 27.10.2006 ISSUED BY FROM KOLLENGOD CORPORATION

Exhibit P5 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN 1ST PETITIONER AND 2ND PETITIONER DATED 04.08.2021

Exhibit P6 TRUE COPY OF THE ORDER NO.1/2021 /PW ACT DATED 09.08.2021 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER

Exhibit P7 TRUE COPY OF THE FORM 5 APPLICATION DATED 16.08.2021 SUBMITTED BEFORE THE 1ST RESPONDENT