Kerala High Court
Joshy Maliackal vs The Revenue Divisional ... on 20 October, 2021
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. 22289 OF 2021
PETITIONER/S:
JOSHY MALIACKAL, AGED 48 YEARS, S/O KOCHAPPAN,
MALICKAL HOUSE, KIZHAKKE CHALAKUDY P.O,
CHALAKUDY, THRISSUR DISTRICT, PIN-680307.
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEX,
IRINJALAKUDA, THRISSUR DISTRICT-680125
2 THE LOCAL LEVEL MONITORING COMMITTEE
KODARAKA GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KODAKARA,
KODAKARA P.O, THRISSUR DISTRICT, PIN-680684.
3 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
KODAKARA, KODAKARA P.O, THRISSUR DISTRICT PIN-680684.
4 THE VILLAGE OFFICER, KODAKARA VILLAGE,
KODAKARA P.O, THRISSUR DISTRICT PIN-680684.
5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
(KSREC), C BLOCK, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033.
BY GP SRI.P.S.APPU
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. 22289 OF 2021 ..2..
JUDGMENT
The petitioner is the owner and in possession of
16.79 ares (41.488 cents) of land comprised in
Sy.Nos.452/1-1 and 452/3-1 of Kodakara Village in
Chalakudy Taluk along with Mr.Basil Madapillil. The
petitioner has filed Ext.P2 application (Form No.7) dated
10.03.2021 before the 1st respondent/RDO under Section
27A of the Kerala Conservation of Paddy Land and Wet
Land Act, 2008 (for short 'the Act'). Ext.P4 is the report
submitted by the 4th respondent Village Officer stating
that land owned by the petitioner is not included in the
data bank and the land was converted before 15 years. By
Ext.P5, the 3rd respondent Agricultural Officer has
informed the petitioner that the land owned by him is
included in the notified data bank as 'paddy land (nilam)'.
Accordingly, the petitioner has filed Ext.P6 application in
Form No.5 under Section 5(4) of the Act dated
22.04.2021. The petitioner is aggrieved by the delay in
WP(C) NO. 22289 OF 2021 ..3..
disposal of Exts.P2 and P6 applications.
2. Heard the learned Counsel for the petitioner and
the learned Government Pleader.
3. There will be a direction to the 1st respondent/RDO
to consider and dispose of Ext.P6 application (Form No.5),
after obtaining and verifying the relevant materials and
reports from the Agricultural Officer, within a period of
one month from the date of receipt of a copy of this
judgment. In case the property of the petitioner is
removed from the Data Bank pursuant to Ext.P6, then
there will be a further direction to the 1st respondent to
consider Ext.P2 application in Form No.7, within a period
of two months thereafter. The RDO shall consider all
relevant matters and shall obtain reports from the
concerned Village Officer as well. The petitioner is also
directed to produce a copy of the writ petition along with
the exhibits before the 1st respondent for compliance. If
the applications directed to be disposed of are found
WP(C) NO. 22289 OF 2021 ..4..
defective, the defect shall be intimated to the petitioner
by the 1st respondent/RDO immediately on production of
a copy of this judgment, and the 1st respondent/RDO 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/21/10/2021
WP(C) NO. 22289 OF 2021 ..5..
APPENDIX OF WP(C) 22289/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
16.09.2021.
Exhibit P2 TRUE COPY OF THE APPLICATION IN FORM
NO. 6 DATED 10.03.2021.
Exhibit P3 TRUE COPY OF THE RECEIPT DATED
15.03.2021 ISSUED BY THE 1ST
RESPO0NDENT.
Exhibit P4 TRUE COPY OF THE REPORT OF THE 4TH
RESPONDENT DATED 15.04.2021.
Exhibit P5 TRUE COPY OF THE NOTIFIED DATA BANK
DATED 11.02.2021 OF KODAKARA
PANCHAYATH.
Exhibit P6 TRUE COPY OF THE APPLICATION IN FORM 5
DATED 22.04,2021.
Exhibit P7 TRUE COPY OF THE RECEIPT DATED
23.04.2021 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P8 TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT KSREC DATED 15.07.2021.
