Madhu Sankarankutty vs The Revenue Divisional Officer
2021 Latest Caselaw 21403 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(C) NO. 18960 OF 2021
PETITIONER:

          MADHU SANKARANKUTTY,
          AGED 49 YEARS
          S/O.SANKARANKUTTY, KUTTIYIL HOUSE, KAITHA SOUTH,
          CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA
          DISTRICT, PIN-690 106.

          BY ADV K.A.MANZOOR ALI



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, CHENGANNOOR, PIN-689 121,
          ALAPPUZHA DISTRICT.

    2     THE VILLAGE OFFICER, PERINGALA,
          MAVELIKKARA, PIN-689 505.

    3     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, CHETTIKULANGARA, CHENGANNUR, ALAPPUZHA
          DISTRICT, PIN-690 106.


OTHER PRESENT:

          SRI.RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18960 OF 2021

                                 -: 2 :-




                             JUDGMENT

The petitioner and his sister are the joint owners in possession of

54.10 Ares of land in Re-Survey No.207/4, 5, 9, 207/2, 3, 4, 5 (old

Sy.No.316/4A/19, 4A/2, 287/9C3) in Block No.12 of Perungala Village in

Mavelikkara Taluk of Alappuzha District along with 35.70 ares obtained

to them by way of settlement Deed No.2252/2015 and 312/2021 of SRO,

Bharanikkavu. The petitioner confines his relief for an expeditious

consideration of Ext.P7(b) application in Form No.5 under the proviso to

Section 5(4) of the Kerala Conservation of Paddy land and Wetland Act,

2008, seeking deletion of entry relating to the subject property from the

data bank. According to the petitioner, the property is not a paddy land

and has been erroneously included in the data bank.

2. Having heard the learned Government Pleader also and

without expressing any view on the merits of the matter, this writ

petition is disposed of directing the RDO/1st respondent to consider

Ext.P7(b) application (Form No.5), after obtaining all necessary inputs WP(C) NO. 18960 OF 2021

including the report of the Agricultural Officer and to pass appropriate

orders thereon. The entire proceedings shall be completed within a

period of three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska WP(C) NO. 18960 OF 2021

APPENDIX OF WP(C) 18960/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.2252/2015 OF SRO, BHARANIKKAVU.

Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED NO.312/2021 OF SRO, BHARANIKKAVU.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.04.2021 OF VILLAGE OFFICE, PERINGALA.

Exhibit P4 THE PHOTOGRAPHS SHOWING THE PRESENT LIE OF THE PROPERTY.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 09.07.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT CALLING FOR REPORT FROM 2ND RESPONDENT.

Exhibit P7A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT CALLING FOR REPORT FROM 3RD RESPONDENT.

Exhibit P7B TRUE COPY OF THE FORM 5 OF PADDY AND WET LAND ACT 2008 DATED 2.7.2021 FILED BY THE 1ST RESPONDENT