Geevar Cheeramalil vs The Revenue Divisional ...
2021 Latest Caselaw 21147 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. 22297 OF 2021
PETITIONER/S:

          GEEVAR CHEERAMALIL, AGED 34 YEARS
          S/O. PETER JACOB, CHEERAMALIL HOUSE, FACT NAGAR,
          THRIPUNITHURA P. O., ERNAKULAM DISTRICT, PIN - 682 301.

          BY ADVS.
          P.K.SOYUZ
          E.V.BABYCHAN


RESPONDENT/S:
     1     THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
           REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEXURE,
           IRIJALAKUDA, THRISSUR DISTRICT - 680 125.

    2     THE LOCAL LEVEL MONITORING COMMITTEE
          KODAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENOR,
          THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KODAKARA,
          KODAKARA P. O., THRISSUR DISTRICT, PIN - 680 684.

    3     THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KODAKARA,
          KODAKARA P. O., THRISSUR DISTRICT, PIN - 680 684.

    4     THE VILLAGE OFFICER, KODAKARA VILLAGE,
          KODAKARA P. O., THRISSUR DISTRICT, PIN - 680 684.

    5     THE DIRECTOR
          KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
          (KSREC) C BLOCK, VIKAS BHAVAN,
          THIRUVANANTHAPURAM - 695033.

          BY GP SRI.P.S.APPU
          SRI.S.VISHNU, SC


     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. 22297 OF 2021       ..2..



                       JUDGMENT

The petitioner is the owner and in possession of

106.64 ares of land comprised in Sy.Nos.452/4-9, 452/4-

8, 452/3-6, 452/3-7 and 452/5-1 of Kodakara Village in

Chalakudy Taluk along with Mr.C.K.Joy. 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) WP(C) NO. 22297 OF 2021 ..3..

of the Act dated 22.04.2021. The petitioner is aggrieved

by the delay in 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 1 st WP(C) NO. 22297 OF 2021 ..4..

respondent for compliance. If the applications directed

to be disposed of are found 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. 22297 OF 2021      ..5..


               APPENDIX OF WP(C) 22297/2021

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.7 DATED 10.03.2021.

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 15.03.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 16.04.2021.

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 22.04.21.

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 23.04.21 ISSUED BY THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT KSREC DATED 15.07.2021.