Kerala High Court
Ritty Biju vs The Revenue Divisional Officer on 7 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 18094 OF 2021
PETITIONER:
RITTY BIJU,
AGED 40 YEARS
W/O. BIJU, PATTIYEKKARAN HOUSE, NETTISSERY P.O,
NETTISSERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
(R.D.O), THRISSUR, THRISSUR DISTRICT, PIN-680 001
2 LOCAL LEVEL MONITORING COMMITTEE,
(LLMC), THRISSUR CORPORATION, REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
OLLURKKARA, MANNUTHI P.O, THRISSUR DISTRICT, PIN-680 651
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, OLLURKKARA, MANNUTHI P.O, THRISSUR
DISTRICT, PIN-680 651
4 THE VILLAGE OFFICER,
NETTISSSERI VILLAGE, THRISSUR DISTRICT, PIN-680 657
5 THE DISTRICT COLLECTOR,
THRISSUR DISTRICT, PIN-680 001
OTHER PRESENT:
SMT. SURYA BINOY. K. SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18094 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayer:-
"(i) Issue a writ of mandamus or any other appropriate
writ, direction or order directing the first respondent to
take steps to consider and dispose Exhibit P3 application
submitted by the petitioner to remove her property from
exhibit P2 data bank within a reasonable period which this
honourable court may deem fit and proper in the interest
of justice and circumstances of the case.
(ii) Direct the first respondent to grant permission to the
petitioner under Section 27A of Kerala Conservation of
Paddy Land and Wet Land Act 2008 and thereby permit
the petitioner to use the land for any of the beneficial
purposes to her except paddy cultivation."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner
that the petitioner is the owner in possession of 2.02 Ares of
property comprised in Re-survey No.13/20 in Block No.65 of
Nettisseri village, Thrissur Taluk. It is submitted that the property
is included in the Data Bank. However, in the draft data bank and
WP(C) NO. 18094 OF 2021
in the revenue records, the property is shown as 'Nilam'. The
learned counsel for the petitioner submits that the land has been
converted long ago and that the application has therefore been
submitted by the petitioner for effecting changes in the Basic Tax
Register. Ext.P3 application was submitted on 03.08.2021 and the
petitioner seeks a consideration thereof.
4. Having heard the learned Government Pleader also,
there will be a direction to the 1 st respondent to take up, consider
and pass orders on Ext.P3 application preferred by the petitioner
after due verifications and after following procedure and obtaining
all due reports from the concerned Agricultural Officer and the
KSRSEC as required by the rules 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
bng/07.09.2021
WP(C) NO. 18094 OF 2021
APPENDIX OF WP(C) 18094/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 1.7.2021
ISSUED BY THE FOURTH RESPONDENT.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK IN CONNECTION WITH THE PROPERTY OF
PETITIONER.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 3.8.2021
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT.
Exhibit P4 TRUE COPY OF THE COUNTERFOIL OF THE CHELAN
TOWARDS PAYMENT OF APPLICATION FEE ISSUED
FROM THE OFFICE OF THE FIRST RESPONDENT.
