Kamalasanagiri.C.D vs State Of Kerala
2021 Latest Caselaw 21123 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        WP(C) NO. 22264 OF 2021
PETITIONER/S:

          KAMALASANAGIRI.C.D, AGED 58 YEARS
          S/O.C.N.DHIVAKARAN, RESIDING AT CHERUKATHARA HOUSE,
          MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA-688 539

          BY ADVS.
          THOMAS JOHN AMBOOKEN
          B.SAJEEV KUMAR
          BLOSSOM MATHEW



RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY,
          DEPARTMENT OF REVENUE, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM-695 001

    2     THE DISTRICT COLLECTOR,ALAPPUZHA,
          CIVIL STATION, ALAPPUZHA-688 001

    3     THE REVENUE DIVISIONAL OFFICER,
          ALAPPUZHA, REVENUE DIVISION OFFICE,
          ALAPPUZHA, KOCHI-688 013

    4     THE TAHSILDAR,CHERTHALA TALUK,
          CHERTHALA, ALAPPUZHA-688 524

    5     THE VILLAGE OFFICER,CHERTHALA NORTH VILLAGE,
          CHERTHALA, ALAPPUZHA-688 524

    6     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, CHERTHALA, ALAPPUZHA-688 524

          BY GP SRI.RIYAL DEVASSY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22264 OF 2021         ..2..




                          JUDGMENT

The petitioner is the absolute owner and in

possession of land having an extent of 29.94 ares made

up of 22.66 ares of land comprised in Sy.No.114/6 and

7.28 ares of land comprised in Sy.No.114/1 situated at

Cherthala Vadakku Village. It is submitted that though the

6th respondent has issued Ext.P1 stating that the land is

not included in the Data Bank, it is mentioned as 'nilam'

in the revenue records. The petitioner has filed Ext.P3

application in Form No.6 under the Kerala Conservation

of Paddy Land and Wet Land Rules, 2008 (for short 'the

Rules') before the 3rd respondent/RDO on 24.06.2019. The

grievance of the petitioner is with regard to the delay in

consideration of the said application.

2. Heard the learned Counsel for the petitioner as

well the learned Government Pleader.

3. There will be a direction to the 3 rd

respondent/RDO to consider and dispose of Ext.P3 WP(C) NO. 22264 OF 2021 ..3..

application, after obtaining all due reports from the

Village Officer concerned, within a period of three months

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

petitioner shall produce a copy of the writ petition along

with the exhibits before the 3rd respondent for

compliance. If the application directed to be disposed of

is found defective, the defect shall be intimated to the

petitioner by the 3rd respondent immediately on

production of a copy of this judgment, and the 3 rd

respondent will be entitled to avail the time taken by the

petitioner to cure the defects in the application also, for

compliance of the directions contained in this judgment.

The writ petition is disposed of accordingly.

Sd/-

                           MURALI PURUSHOTHAMAN
                                    JUDGE
SB/20/10/2021
 WP(C) NO. 22264 OF 2021       ..4..



               APPENDIX OF WP(C) 22264/2021

PETITIONER EXHIBITS

Exhibit P1     TRUE COPY OF THE CERTIFICATE (DATED NIL) ISSUED BY
               THE 6TH RESPONDENT

Exhibit P2     TRUE COPY OF THE LAND TAX RECEIPT DATED 12.08.2021

Exhibit P3     TRUE COPY OF FORM 6 APPLICATION DATED 24.06.2019

Exhibit P4     TRUE COPY OF COMMUNICATION DATED 24.06.2019 ISSUED
               BY R3 TO R6