Abdul Majeed vs The Revenue Divisional Officer
2021 Latest Caselaw 18106 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 15731 OF 2021
PETITIONERS:

    1     ABDUL MAJEED
          AGED 60 YEARS
          S/O. LATE ASSANUNNI, RESIDING AT "ALAMANA HOUSE",
          PARAMBAYAM, PUTHUVASSERY, NEDUMBASSERY, PIN - 683585.

    2     AMEER HAMSA
          AGED 62 YEARS
          S/O. LATE ASSANUNNI, RESIDING AT "ALAMANA HOUSE",
          PARAMBAYAM, PUTHUVASSERY, NEDUMBASSERY, PIN - 683585.

    3     ABDUL AZEEZ,
          AGED 58 YEARS
          S/O. LATE ASSANUNNI, RESIDING AT "ALAMANA HOUSE",
          PARAMBAYAM, PUTHUVASSERY, NEDUMBASSERY, PIN - 683585.

    4     NAZAR A.A
          AGED 55 YEARS
          S/O. LATE ASSANUNNI, RESIDING AT "ALAMANA HOUSE",
          PARAMBAYAM, PUTHUVASSERY, NEDUMBASSERY, PIN - 683585.

    5     ABDUL GAFOOR
          AGED 52 YEARS
          S/O. LATE ASSANUNNI, RESIDING AT "ALAMANA HOUSE",
          PARAMBAYAM, PUTHUVASSERY, NEDUMBASSERY, PIN - 683585.

          BY ADVS.
          M.S.SAJEEV KUMAR
          LAKSHMI S KUMAR
          A.N.JYOTHILEKSHMI


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI,
          ERNAKULAM, PIN - 682001.

    2     THE TAHSILDAR
          TALUK OFFICE, 1ST FLOOR, POLICE STATION ROAD,
          NORTH PARAVUR, KERALA, PIN - 683513.
 WP(C) NO. 15731 OF 2021

                                  2

     3      THE VILLAGE OFFICER
            OFFICE OF THE VILLAGE OFFICER, KUNNUKARA,
            PARAVUR TALUK, ERNAKULAM DISTRICT, PIN - 683578.

            SRI.P.S.APPU, G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15731 OF 2021

                                       3




                                JUDGMENT

This writ petition is filed seeking directions to the 1 st respondent to

consider and dispose of Ext.P7 application preferred by the petitioners.

It is submitted that the petitioners are the owners of (i) 1.62 Ares of

property in Sy.No.623/4/1/4, (ii) 1.21 Ares in Sy.No.623/4/2/3, (iii) 20.29

Ares in Sy.No.623/4/8, (iv) 1.21 Ares in Sy.No.623/4/3/1,(v) 9.60 Ares in

Sy.No.623/4/9 of Kunnukara Village, which devolved upon them on the

demise of their father. It is submitted that the property was reclaimed

much prior to the enactment of the Kerala Conservation of Paddy Land

and Wet Land Act, 2008 and is lying as dry land for a long period. It is

submitted that the petitioners have submitted Ext.P7 application under

the provisions of the 2008 Act seeking orders of regularization of

reclamation. It is submitted that the Local Level Monitoring Committee

has recommended the regularization of the conversion as evident from

Ext.P6. It is therefore contended that the said application is liable to be

considered in accordance with law.

2. Having heard the learned Government Pleader also, I am of the

opinion that the application preferred by the petitioners is to be WP(C) NO. 15731 OF 2021

considered in accordance with law, taking note of Ext.P6 as well. There

will, accordingly, be a direction to the 1 st respondent to take up, consider

and pass orders on Ext.P7 application preferred by the petitioners, after

considering all relevant aspects of the matter, within a period of four

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15731 OF 2021

APPENDIX OF WP(C) 15731/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF SALE DEED NO. 8620/2007 DATED 15.12.2007 OF CHENGAMANAD SUB REGISTRY OFFICE

Exhibit P2 TRUE COPY OF SALE DEED NO. 8621/2007 DATED 15.12.2007 OF CHENGAMANAD SUB REGISTRY OFFICE

Exhibit P3 TRUE COPY OF SALE DEED NO. 6045/2007 DATED 22.08.2007 OF CHENGAMANAD SUB REGISTRY OFFICE

Exhibit P4 TRUE COPY OF DEATH CERTIFICATE WITH REG.NO.

48/2012 DATED 20.04.2012.

Exhibit P5 TRUE COPY OF RELATIONSHIP CERTIFICATE NO.16796324 DATED 20.12.2016, ISSUED BY THE VILLAGE OFFICER, CHENGAMANAD VILLAGE.

Exhibit P6 TRUE COPY OF THE CERTIFICATE NO.KNK 9 (43) 2021 DATED 11.01.2021, ISSUED BY AGRICULTURAL OFFICER, KRISHI BHAVAN, KUNNUKARA.

Exhibit P7 TRUE COPY OF THE APPLICATION IN FORM 7 DATED 27.01.2021 BEFORE THE 1ST RESPONDENT FOR THE PURPOSE OF REGULARIZING THE RECLAMATION OF WET LAND.

Exhibit P8 TRUE COPY OF THE CHALLAN NO.

KL017290185202021M DATED 22.01.2021.

Exhibit P9 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.46848/P1/2016 REVENUE DATED 22.12.2016.

Exhibit P10 TRUE COPY OF THE GO(RT) NO. 1166/2021 DATED 25.02.2021.

RESPONDENT'S/S EXHIBITS: NIL