Paster C.V.Mathai vs The Revenue Divisional Officer
2021 Latest Caselaw 18528 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                            WP(C) NO. 18019 OF 2021
PETITIONER:
              PASTER C.V.MATHAI
              AGED 57 YEARS
              S/O VARGHESE,
              CHIRANGARA HOUSE, PEECHI P.O, PEECHI VILLAGE, THRISSUR
              TALUK, THRISSUR DISRICT-680652.

              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ


RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER,
           (R.D.O), THRISSUR,
           THRISSUR DISTRICT, PIN-680001.

     2        LOCAL LEVEL MONITORING COMMITTEE (LLMC)
              THRISSUR CORPORATION, REPRESENTED BY ITS CONVENER,
              AGRICULTURAL OFFICER, KRISHI BHAVAN, THRISSUR, THRISSUR
              DISTRICT, PIN-680001.

     3        THE VILLAGE OFFICER
              OLLUKKARA VILLAGE, THRISSUR DISTRICT, PIN-680655.

     4        THE AGRICULTURAL OFFICER
              KRISHI BHAVAN, THRISSUR, THRISSUR DISTRICT, PIN-680001.

     5        THE TAHASILDAR
              THRISSUR TALUK, THRISSUR DISTRICT, PIN-680020.


OTHER PRESENT:
           SRI. P.S. APPU-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18019 OF 2021
                                  2

                            JUDGMENT

The petitioner has approached this Court seeking directions

to respondents to consider the application preferred by the

petitioner.

2. It is submitted that the petitioner is the owner in

possession of property having an extent of 6.48 Ares comprising

5.67 Ares in Survey No.69/10P and 0.26 Ares in Survey No.69/10

and 0.55 Ares in Survey No.69/2P of Ollukkara Village, Thrissur

Taluk. The pleadings in the writ petition are to the effect that

Ext.P5 application is one preferred under Section 27 A of the

Kerala Conservation of Paddy Land and Wetland Act, 2008 since

the property is not included in the data bank.

3. However, from the material produced by the petitioner I

notice that the property stands included in the data bank as

'Nilam' with remarks that the property has been converted.

4. I further notice that what has been produced by the

petitioner as Ext.P5 is an application in Form 5 under Rule 4 (d) of

the Kerala Conservation of Paddy Land and Wetland Rules. It is, WP(C) NO. 18019 OF 2021

therefore, clear that what is submitted is an application for

removal of the property from the data bank in terms of proviso to

Section 5(4)(i) of the Kerala Conservation of Paddy Land and

Wetland Act, 2008.

4. Since such an application has been preferred before the

respondents, I am of the opinion that the same is liable to be

considered in accordance with law.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P5

application preferred by the petitioner, after obtaining all due

reports from the 2nd and 3rd respondents and after considering all

relevant aspects of the matter, in accordance with law, 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/09.09.2021 WP(C) NO. 18019 OF 2021

APPENDIX OF WP(C) 18019/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 5/7/2021 ISSUED BY THE THIRD RESPONDENT.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE THIRD RESPONDENT IN CONNECTION WITH THE PROPERTY OF PETITIONER.

Exhibit P3 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF PETITIONER ISSUED BY THE THIRD RESPONDENT.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK OF FOURTH RESPONDENT IN CONNECTION WITH THE PROPERTY OF PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 27/07/2021 SUBMITTED BY THE PETITIONER IN FORM 5 BEFORE THE FIRST RESPONDENT.

Exhibit P6 TRUE COPY OF THE COUNTERFOIL OF THE CHELAN DATED 28/07/2021 TOWARDS THE APPLICATION FEE OF EXHIBIT P5 APPLICATION.