Sivaramakrishnan vs State Of Kerala
2021 Latest Caselaw 19279 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. 18930 OF 2021
PETITIONER :-

          SIVARAMAKRISHNAN, AGED 54 YEARS
          S/O.GOPINATH, SARADAMANDIRAM, AYYAPPANKAVU, KOCHI,
          ERNAKULAM, PIN-682 306.

          BY ADVS.
          K.DILIP
          S.BIJILAL


RESPONDENTS :-

    1     STATE OF KERALA
          REP BY ITS SECRETARY TO REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, TRIVANDRUM-01.

    2     THE LOCAL LEVEL MONITORING COMMITTEE,
          CONVENED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
          TRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682 301.

    3     THE VILLAGE OFFICER
          NADAMA VILLAGE, ERNAKULAM DISTRICT, PIN-68.

    4     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682 001.

    5     TRIPUNITHURA MUNICIPALITY,
          REPRESENTED BY ITS SECRETARY, TRIPUNITHURA.

          BY SMT. SURYA BINOY. B., SR. G.P.
          BY SRI.C.V.MANUVILSAN, SC

     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. 18930 OF 2021

                                  -: 2 :-


                              JUDGMENT

Dated this the 14th day of September, 2021

The petitioner is the owner in possession of 2.57 Ares of land in

Re-survey Nos.64 and 66/2 (Survey No.438/1) in Block No.176 of

Nadama Village in Kanayannur Taluk of Ernakulam District. 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 to change the nature of the land in question. According

to the petitioner, the property is lying as 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, this writ

petition is disposed of directing the 4 th respondent to 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 within three months from the date of

receipt of a copy of this judgment. If orders are passed excluding the

property from the data bank, then Ext.P6 application (Form No.6) WP(C) NO. 18930 OF 2021

shall also be taken up for consideration and appropriate orders shall

be passed within two 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

Jvt/17.9.2021 WP(C) NO. 18930 OF 2021

APPENDIX OF WP(C) 18930/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DOCUMENT NO 2556/2011 DATED 4.10.2001

Exhibit P2 A TRUE COPY OF THE LOCATION SKETCH DATED NIL ISSUED BY THE 3RD RESPONDENT

Exhibit P3 A TRUE COPY OF THE RESIDENTIAL BUILDING PERMIT ISSUED BY THE 5TH RESPONDENT DATED 22.7.2003

Exhibit P4 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 3RD RESPONDENT HEREIN DATED 30.4.2021

Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 24.6.2021

Exhibit P6 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 19.7.2021

Exhibit P7 A TRUE COPY OF THE CHALAN RECEIPT WITH RESPECT TO FORM VI DATED 19.7.2021