Asha Sivaramakrishnan vs State Of Kerala
2021 Latest Caselaw 19266 Ker

             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. 18902 OF 2021
PETITIONER:

             ASHA SIVARAMAKRISHNAN
             AGED 42 YEARS
             W/O.SIVARAMAKRISHNAN,
             SARADAMANDIRAM, AYYAPPANKAVU, KOCHI, ERNAKULAM,
             PIN-682306.
             BY ADVS.
             K.DILIP
             S.BIJILAL(K/982/1989)

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695001.
     2       THE LOCAL LEVEL MONITORING COMMITTEE,
             CONVENED BY THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, TRIPUNITHURA,
             ERNAKULAM DISTRICT, PIN-682301.
     3       THE VILLAGE OFFICER
             NADAMA VILLAGE, ERNAKULAM DISTRICT, PIN-682306.
     4       THE REVENUE DIVISIONAL OFFICER,
             REVENUE DIVISIONAL OFFICE, FORT KOCHI,PIN-682001.
     5       TRIPUNITHURA MUNCIPALITY
             REPRESENTED BY ITS SECRETARY, TRIPUNITHURA,
             PIN-682306.
             R1-4 BY SMT. SURYA BENOY 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.18902 OF 2021

                                2




                          JUDGMENT

Dated this the 14th day of September 2021

The petitioner is the owner in possession of 4.24 Ares

of land in Survey No.438/2 of Nadama Village in Kanayannur

Taluk of Ernakulam District. It is submitted that the property of

the petitioner is a converted land. The petitioner confines her

relief for an expeditious consideration of Exts.P4 and P5

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 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 4th respondent to initially

consider Ext.P4 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.18902 OF 2021

orders are passed excluding the property from the data bank,

then Ext.P5 application (Form No.6) 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.18902 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

A TRUE COPY OF THE DOCUMENT NO.2555/2001 Exhibit P1 DATED 04/10/2001 A TRUE COPY OF THE LOCATION SKETCH DATED Exhibit P2 NIL ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE BASIC TAX RECEIPT ISSUED Exhibit P3 BY THE 3RD RESPONDENT HEREIN DATED 24/02/2021 A TRUE COPY OF FORM 5 APPLICATION ALONG WITH THE REPORT SUBMITTED BY THE 2ND Exhibit P4 RESPONDENT RESPONDENT HEREIN DATED 24/06/2021 A TRUE COPY OF THE FORM 6 APPLICATION ALONG Exhibit P5 WITH THE REPORT OF THE 3RD RESPONDENT DATED 29/07/2021 A TRUE COPY OF THE CHALAN RECEIPT WITH Exhibit P6 RESPECT TO FORM VI DATED 19/07/21.

RESPONDENTS' EXHIBITS:        NIL



 SSK                          //TRUE COPY//         PA TO JUDGE