Citation : 2021 Latest Caselaw 19261 Ker
Judgement Date : 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 18924 OF 2021
PETITIONER:
RAMLA IBRAHIM
AGED 30 YEARS
W/O IBRAHIM, MOOLETHODIYIL HOUSE, 200 ACRE KARA,
MANNAMKANDAM VILLAGE, ADIMALI, IDUKKI DISTRICT
BY ADVS.
K.DILIP
S.BIJILAL
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY,
AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM-01.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, IDUKKI PIN-685 602.
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ADIMALI, IDUKKI DISTRICT,
PIN-685 561.
4 THE VILLAGE OFFICER
MANNAMKANDAM VILLAGE, ADIMALI, IDUKKI DISTRICT,
PIN-685 561.
5 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, DEVIKULAM,
IDUKKI DISTRICT, PIN-685 613.
R1-5 BY SMT. SURYA BINOY B.
SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.18924 OF 2021
2
JUDGMENT
Dated this the 14th day of September 2021
Petitioner's husband is the owner in possession of
46.55 Ares of land in Survey Nos.990/12 and 990/20 of
Mannamkandam Village in Devikulam Taluk of Idukki District. It is
submitted that the property is a converted land. The petitioner
confines her relief for an expeditious consideration of Exts.P7 and
P8 applications in Form Nos.5 and 7 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 converted
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, this writ
petition is disposed of directing the 5th respondent to initially
consider Ext.P7 application (Form No.5), after obtaining and
verifying the relevant materials and reports from the Agriculture
Officer and to pass appropriate orders thereon within a period of
two months from the date of receipt of copy of this judgment. If WP(C).No.18924 OF 2021
orders are passed excluding the property from the data bank,
then Ext.P8 application (Form No.7) shall also be taken up for
consideration and appropriate orders shall be passed within 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 SSK/14/09 WP(C).No.18924 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
A TRUE COPY OF THE REGISTERED WILL NO 8 Exhibit P1 DATED 7.4.1994 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED Exhibit P2 BY THE VILLAGE OFFICER, MANNAMKANDAM DATED 7.8.2020 TRUE COPY OF THE ORDER ISSUED BY THE 2ND Exhibit P3 RESPONDENT DISTRICT COLLECTOR ON 6.11.2019 A TRUE COPY OF REVISION FILED BY THE Exhibit P4 PETITIONERS HUSBAND BEFORE THE 1ST RESPONDENT HEREIN DATED 20.12.2019 A TRUE COPY OF THE JUDGMENT IN WPC NO Exhibit P5 35981/2019 DATED 21.1.2020 A TRUE COPY OF THE RECEIPT ISSUED BY THE Exhibit P6 AGRICULTURAL OFFICER, ADIMALI WITH RESPECT TO THE COMPLAINT LODGED A TRUE COPY OF THE FORM 5 APPLICATION Exhibit P7 SUBMITTED BY THE PETITIONERS HUSBAND BEFORE THE 5TH RESPONDENT RDO DATED 27/08/2021 A TRUE COPY OF THE FORM 7 APPLICATION DATED Exhibit P8 27/8/21 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT A TRUE COPY OF THE CHALAN RECEIPT WITH Exhibit P9 RESPECT TO FILING OF FORM 7 APPLICATION RESPONDENTS' EXHIBITS: NIL
SSK //TRUE COPY// PA TO JUDGE
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