Kerala High Court
Mathew P.Varghese vs The Revenue Divisional Officer 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. 22293 OF 2021
PETITIONER/S:
MATHEW P.VARGHESE, AGED 62 YEARS
S/O.P.M.VARGHESE, MANNIL VEEDU, MANTHUKA,
KULANADA (PO), PANDALAM, PATHANAMTHITTA -689 503.
BY ADVS.
C.B.SREEKUMAR
SAGITH KUMAR V.
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
ADOOR, PATHANAMTHITTA DISTRICT-689 645.
2 THE DISTRICT GEOLOGIST,
MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
ARANMULA, PATHANAMTHITTA DISTRICT-689 645.
3 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, KULANADA,
PATHANAMTHITTA DISTRICT-689 503.
4 THE VILLAGE OFFICER, KULANADA VILLAGE, ADOOR,
PATHANAMTHITTA DISTRICT-689 503.
BY SRI.P.S.APPU, GP
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. 22293 OF 2021 ..2..
JUDGMENT
The petitioner is the absolute owner and in
possession of land having an extent of 12.34 ares of land
comprised in Sy.Nos.181/2 and 181/2.2 situated at
Kulanada Village in Adoor Taluk. The 3 rd respondent
Agricultural Officer by Ext.P3 certified that the land is
converted as dry land 15 years back before 2008. The
petitioner has filed Ext.P4 application in Form No.6 under
Rule 12(1) of the Kerala Conservation of Paddy Land and
Wet Land Rules, 2008 for conversion of the above said wet
land into land before the 1st respondent/RDO on
30.11.2020. The 1st respondent/RDO has called for a
report from the Village Officer and the Village Officer by
Ext.P6 letter and Ext.P7 enquiry report, reported that the
property is converted as dry land in the data bank before
15 years and there is no obstruction to the water flow to
the nearby paddy land or no obstruction to any pathway, if
WP(C) NO. 22293 OF 2021 ..3..
the property is converted to dry land. The grievance of the
petitioner is with regard to the delay in consideration of
the Ext.P4 application.
2. Heard the learned Counsel for the petitioner as
well the learned Government Pleader.
3. There will be a direction to the 1 st respondent/RDO
to consider and dispose of Ext.P4 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 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 1 st
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) NO. 22293 OF 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/20/10/2021
WP(C) NO. 22293 OF 2021 ..5..
APPENDIX OF WP(C) 22293/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF THE LAND TAX RECEIPT
DATED 12.11.2020 ISSUED FROM THE
KULANADA VILLAGE OFFICE.
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 29.01.2021 ISSUED FROM THE
KULANADA VILLAGE OFFICE.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF DATA
BANK ISSUED BY THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
30.11.2020 ALONG WITH SKETCH.
Exhibit P5 TRUE COPY OF THE COMMUNICATION
NO.9243.2020/B6 DATED 04.12.2020 OF THE
1ST RESPONDENT.
Exhibit P6 TRUE COPIES OF THE LETTER NO.67/2021 OF
THE 4TH RESPONDENT DATED 27.01.2021.
Exhibit P7 THE TRUE COPY OF THE AND ENQUIRY REPORT
OF THE 4TH RESPONDENT DATED 27.01.2021.
