Manoharan K vs The Sub-Collector/ Revenue ...
2021 Latest Caselaw 21144 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. 22336 OF 2021
PETITIONER/S:

          MANOHARAN K., AGED 61 YEARS
          S/O. ANANDAN, PRARTHANA, KAVIYOOR,
          P.O. CHOKLI, KANNUR DISTRICT-670672.

          BY ADVS.
          M.SASINDRAN
          SREEHARI INDUKALADHARAN



RESPONDENT/S:

    1     THE SUB-COLLECTOR/ REVENUE DIVISIONAL OFFICER,
          THALASSERY, KANNUR DISTRICT-670101.

    2     THE VILLAGE OFFICER,
          CHOKLI, THALASSERY, KANNUR DISTRICT-670101.

          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) 22336/2021        ..2..



                      JUDGMENT

The petitioner is the absolute owner and in

possession of land having an extent of 07.08 ares of land

comprised in Sy.No.2/116, 7.28 ares of land comprised in

Sy.No.2/191 and 7.18 ares of land comprised in

Sy.No.2/193 situated at Chokli Village. The petitioner has

filed Ext.P2 application in Form No.6 under Rule 12(1) of

the Kerala Conservation of Paddy Land and Wet Land

Rules, 2008 for changing the status of the land in

revenue records before the 1st respondent/RDO on

27.08.2020. The 1st respondent/RDO has called for a

report from the Village Officer and the Village Officer by

Ext.P4 report and Ext.P5 proforma report, reported that

there are mangroves in the nearby properties and the

property in question is not included in the data bank as

per the fair value register. The grievance of the WP(C) 22336/2021 ..3..

petitioner is with regard to the delay in consideration of

the Ext.P2 application.

2. Heard the learned Counsel for the petitioner as

well the learned Government Pleader.

3. There will be a direction to the 1st

respondent/RDO to consider and dispose of Ext.P2

application, after obtaining all relevant reports and in the

light of Exts.P4 and P5 reports of the Village Officer,

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 1st respondent for compliance. If the application

directed to be disposed of is found defective, the defect

shall be intimated to the petitioner by the 1st respondent

immediately on production of a copy of this judgment,

and the 1st respondent will be entitled to avail the time

taken by the petitioner to cure the defects in the WP(C) 22336/2021 ..4..

application also, for compliance of the directions

contained in this judgment.

The writ petition is disposed of accordingly.

Sd/-

                          MURALI PURUSHOTHAMAN
                                  JUDGE
SB/20/102021
 WP(C) 22336/2021        ..5..


               APPENDIX OF WP(C) 22336/2021

PETITIONER EXHIBITS

Exhibit P1         A TRUE COPY OF THE SALE DEED

NO.1774/2019 DATED 13/11/2019 OF CHOKLI SRO.

Exhibit P2 A TRUE COPY OF THE APPLICATION DATED 27/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, THALASSERY, THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE LETTER DATED 07/09/2020 ISSUED BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT VILLAGE OFFICER.

Exhibit P4 A TRUE COPY OF THE REPORT DATED 21/10/2020 ALONG WITH THE MAHAZAR, SUBMITTED BY THE SECOND RESPONDENT VILLAGE OFFICER, CHOKLI TO THE FIRST RESPONDENT RDO.

Exhibit P5 A TRUE COPY OF THE PROFORMA REPORT DATED 21/10/2020 SUBMITTED BY THE VILLAGE OFFICER TO THE RDO.

Exhibit P6 A TRUE COPY OF THE LETTER NO.

RDOTLY/1567/2020-K DATED 05/12/2020 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 A TRUE COPY OF THE REPORT DATED 11/01/2021 SUBMITTED BY THE 2ND RESPONDENT VILLAGE OFFICER TO THE 1ST RESPONDENT.