Pockutty vs State Of Kerala
2021 Latest Caselaw 19599 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        WP(C) NO. 18495 OF 2021
PETITIONER:

          POCKUTTY
          AGED 65 YEARS, S/O. HYDROSE KUTTY,
          PARANGATH PARAMBIL HOUSE, KOTT, KUNDANATHKADAVU ROAD,
          TIRUR, MALAPPURAM DISTRICT, PIN - 676 101.

          BY ADVS.
          P.T.SHEEJISH
          P.K.PURUSH
          HARIKIRAN
          JASHITHA VIJAYAN
          STEPHY GRACE RAJ
          A.ABDUL RAHMAN (A-1917)
          PRAVEENKUMAR P.
          AKHILA SRIDHARAN
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF LAND REVENUE,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

    2     THE DISTRICT COLLECTOR
          COLLECTORATE, UP HILL, MALAPPURAM,
          MALAPPURAM DISTRICT, PIN - 676504.

    3     THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
          MALAPPURAM DISTRICT, PIN - 676101.

    4     TAHSILDAR
          CIVIL STATION, TIRUR, MALAPPURAM DISTRICT, PIN - 676101

    5     VILLAGE OFFICER
          TIRUR VILLAGE OFFICE, TIRUR,
          MALAPPURAM DISTRICT, PIN - 676101.

    6     DISTRICT AGRICULTURAL OFFICER
          CONVENOR, LOCAL LEVEL MONITORING COMMITTEE,
          2ND FLOOR, B3 BLOCK, CIVIL STATION RD, UP HILL,
          MALAPPURAM, KERALA - 676505.

          SRI.P.S.APPU, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18495 OF 2021

                                      2




                                JUDGMENT

This writ petition is filed seeking directions to the 3 rd respondent to

consider and pass orders on Ext.P2 application preferred by the petitioner

under Section 27A of the Kerala Conservation of Paddy Land and Wet Land

Act, 2008. It is submitted that the petitioner is the owner in possession of a

total extent of 14.40 Ares of property. 6.7 Ares of land is in Re-Survey

No.262/1-11 of Tirur Village, Tirur Taluk of Malappuram District. It is

submitted that the property is dryland and is erroneously included in the

Data Bank. The petitioner had therefore submitted Ext.P2 application, which

according to the petitioner has been received by the 3 rd respondent on

18.03.2021 as evident from the seal affixed thereon. However, no orders are

passed thereon.

2. The learned Government Pleader points out that there is no date

mentioned in Ext.P2 and that the extent shown in Ext.P2 is only 6 Ares in

Sy.No.262/1.

3. Having considered the contentions advanced and without expressing

any view on the merits of the matter, this writ petition is disposed of

directing the 3rd respondent to consider Ext.P2 application (Form No.5), if it WP(C) NO. 18495 OF 2021

is duly received and pending, after verifying all relevant materials including

the extent and identity of the property sought to be removed and after

obtaining reports from the Agricultural Officer and the KSRSEC, as found

necessary, and to pass appropriate orders thereon. The entire proceedings

shall be completed 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 NP WP(C) NO. 18495 OF 2021

APPENDIX OF WP(C) 18495/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 THE TRUE COPY OF LAND TAX RECEIPT OF THE 6 ARES OF THE LAND IN SURVEY NUMBER 262/1 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 03.08.2021.

Exhibit P2 THE TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 18.03.2021.

RESPONDENT'S/S EXHIBITS: NIL