Kerala High Court
Jiji Issac vs The State Of Kerala on 3 September, 2021
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. 17804 OF 2021
PETITIONER:
JIJI ISSAC,
AGED 49 YEARS
S/O.ISSAC, KUZHIYELIKKUDIYIL HOUSE, THRIKKALATHOOR
(PO), MULAVOOR, IDUKKI DISTRICT, PIN-683 557.
BY ADVS.
K.DILIP
S.BIJILAL
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2 THE LOCAL LEVEL MONITORING COMMITTEE,
CONVENTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
ADIMALI, IDUKKI DISTRICT, PIN-685 561.
3 THE VILLAGE OFFICER, MANNAMKANDAM,
ADIMALI, IDUKKI DISTRICT, PIN-685 561.
*4 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682 001.
[THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
DEVIKULAM, IDUKKI DISTRICT, PIN - 685613]
*IS CORRECTED AS PER ORDER DATED 03.09.2021 IN IA
NO.1/2021 IN WP(C) NO.17804/2021
OTHER PRESENT:
SMT.SURYA BINOY B-SR.GP
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. 17804 OF 2021
2
JUDGMENT
The petitioner is the owner in possession of 11.94 Ares
of land included in Re-Sy Nos.1006/8 and 1006/8-1 in
Mannamkandam Village, Devikulam Taluk in Idukki District.
The petitioner has obtained title over the property by way of
Jenm Assignment No.1496/13 of SRO Devikulam dated
17.06.2013 and Assignment deed No.1489/2012/I of SRO
Devikulam dated 04.06.2012. The property of the petitioner
is a dryland. The petitioner confines his relief for an
expeditious consideration of Exts.P5 and P6 applications in
Form Nos.5 and 6 under Section 27A of 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 a dry
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,
the writ petition is disposed of directing the 4 th respondent to
WP(C) NO. 17804 OF 2021
initially consider Ext.P5 application (Form No.5), after
obtaining and verifying the relevant materials and reports
from the Agricultural Officer and to pass appropriate orders
thereon. If orders are passed excluding the property from the
data bank, then Ext.P6 application (Form No.6) shall also be
taken up for consideration and passed appropriate orders
thereon. The RDO shall consider all relevant matters and
shall obtain reports from the concerned Village Officer as well.
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
VPK
WP(C) NO. 17804 OF 2021
APPENDIX OF WP(C) 17804/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JENM ASSIGNMENT
NO.1496/13 OF SRO, DEVIKULAM DATED
17.06.2013.
Exhibit P2 A TRUE COPY OF THE ASSIGNMENT DEED
NO.1489/12/I OF SRO, DEVIKULAM DATED
04.06.12.
Exhibit P3 A TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE 3RD RESPONDENT HEREIN
DATED 04.07.2019.
Exhibit P4 A TRUE COPY OF THE LOCATION SKETCH
PERTAINING TO THE PROPERTY ISSUED BY THE
3RD RESPONDENT DATED NIL.
Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BEFORE THE 4TH RESPONDENT
DATED 27.08.2021.
Exhibit P6 A TRUE COPY OF THE FORM 6 SUBMITTED
BEFORE THE 4TH RESPONDENT DATED
27.08.2021.
Exhibit P7 A TRUE COPY OF THE RECEIPT OF THE
PAYMENT MADE WITH RESPECT TO FORM 6
DATED 27.08.2021.
