Mercy Thomas vs The Revenue Divisional Officer
2021 Latest Caselaw 21408 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. 23283 OF 2021
PETITIONER:
           MERCY THOMAS
           AGED 63 YEARS
           W/O C C THOMAS,
           CHEMMALAKUZHY HOUSE, PLOT NO.70, KUMARANASAN NAGAR,
           KOCHI-682020.

                  BY ADV M.G.KARTHIKEYAN



RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER
           FORT KOCHI,
           ERNAKULAM DISTRICT,
           PIN-682001.

       2          TAHASILDAR
                  KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682011.

       3          THE VILLAGE OFFICER
                  POONITHURA VILLAGE,
                  ERNAKULAM DISTRICT,
                  PIN-682038.

       4          THE AGRICULTURAL OFFICER
                  LOCAL LEVEL MONITORING COMMITTEE,
                  CORPORATION OF KOCHI, ERNAKULAM, PIN-682011.

       5          THE DISTRICT COLLECTOR
                  COLLECTORATE P.O, KAKKANAD, ERNAKULAM, PIN-682030.

       6          STATE OF KERALA
                  REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
                  GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.



                  APPU.P.S-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. 23283 OF 2021

                                    2


                                JUDGMENT

The petitioner is the owner in possession of 4.05 Ares of land in

Survey Nos.234/2-26 of Poonithura Village in Kanayannur Taluk of

Ernakulam District. The petitioner confines her relief for an expeditious

consideration of Exts.P6 and P7 applications in Form Nos.5 and 6 under

the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking

deletion of entry relating to the subject property from the data bank

and seeking permission for use of land for other purposes. According to

the petitioner, the property is dry land and has been erroneously

included in the data bank.

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 1st respondent to initially consider Ext.P6

application (Form No.5), after obtaining and verifying the relevant

materials and reports from the Agricultural Officer and to pass

appropriate orders thereon within a period of three months from the

date of receipt of a copy of this judgment. If orders are passed excluding

the property from the data bank, then, Ext.P7 application (Form No.6)

shall also be taken up for consideration and appropriate orders shall be WP(C) NO. 23283 OF 2021

passed thereon within a period of three months thereafter. The RDO

shall consider all relevant matters and shall obtain reports from the

concerned Village Officer as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23283 OF 2021

APPENDIX OF WP(C) 23283/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED NO.6459/05 DATED 20.12.2005.

Exhibit P2 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 17.08.2020.

Exhibit P3 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE DATA BANK.

Exhibit P4 TRUE PHOTOCOPY OF THE NOTIFICATION , SRO, NO.369/2021 DATED 25.02.2021 ISSUED BY THE GOVERNMENT.

Exhibit P5 TRUE PHOTOCOPY OF THE CIRCULAR DATED 23.07.2021 ISSUED BY THE REVENUE DEPARTMENT.

Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED IN FORM NO.5 DATED 29.06.2021.

Exhibit P7 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED IN FORM NO 6 DATED 08.07.2021.

Exhibit P8 TRUE PHOTOCOPY OF CHALAN DATED 02.07.2021 EVIDENCING THE PAYMENT OF RS.1000/-.