Graci K P vs Revenue Divisional Officer
2021 Latest Caselaw 20293 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                        WP(C) NO. 20661 OF 2021
PETITIONERS:

     1     GRACI K P
           AGED 60 YEARS
           W/O VARGHESE K K, KANNANAIKKAL HOUSE, MUNDATHICODE
           P.O.MUNDATHICODE VILLAGE DESOM, THRISSUR DISTRICT, PIN
           CODE-680 601

     2     NINU K VARGHESE,
           AGED 25 YEARS
           D/O VARGHESE K K, KANNANAIKKAL HOUSE, MUNDATHICODE
           P.O.MUNDATHICODE VILLAGE DESOM, THRISSUR DISTRICT PIN
           CODE-680 601, (W/O NITHIN THOMAS, THULUVANANICKAL HOUSE,
           KOOTTUMUGHAM P.O.THALIPARAMBU TALUK, KANNUR DISTRICT,
           PIN-670 631)

     3     SANU K VARGHESE,
           AGED 20 YEARS
           D/O VARGHESE K K, KANNANAIKKAL HOUSE, MUNDATHICODE
           P.O.MUNDATHICODE VILLAGE DESOM, THRISSUR DISTRICT, PIN
           CODE-680 601.

           BY ADV SHOBY K.FRANCIS



RESPONDENTS:

     1     REVENUE DIVISIONAL OFFICER
           OFFICE OF RDO, THRISSUR, THRISSUR DISTRICT-680 003.

     2     LOCAL LEVEL MONITORING COMMITTEE OF WADAKKANCHERY
           MUNICIPALITY,
           REPRESENTED BY NITS CONVENER, AGRICULTURAL OFFICER,
           KRISHI BHAVAN MUNDATHICODE, MUNDATHICODE P.O.THRISSUR
           DISTRICT-680 601.

     3     AGRICULTURAL OFFICER/CONVENER LLMC,
           KRISHI BHAVAN MUNDATHICODE, MUNDATHICODE P.O.THRISSUR
 WP(C) NO. 20661 OF 2021
                                2

          DISTRICT-680 601.

    4     TAHSILDAR/ADDL.TAHSILDAR (LR)
          THALAPPILLY TALUK, TALUK OFFICE, WADAKANCHERY
          P.O.THRISSUR DISTRICT-680 582.

    5     VILLAGE OFFICER
          MUNDATHICODE VILLAGE, MUNDATHICODE WEST
          P.O.MUNDATHICODE-680 601, THRISSUR DISTRICT

    6     DISTRICT COLLECTOR,
          COLLECTORATE, AYYANTHOLE P.O.THRISSUR-680 003.




          APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20661 OF 2021
                                  3

                           JUDGMENT

The petitioners are the owners in possession of 23.60 ares of

land in Re-survey No.68/3 in Block No.56 of Mundathicode Village

in Thalappilly Taluk of Thrissur District. It is submitted that, the

property of the petitioner is a dry land and has been erroneously

included in the data bank. The petitioners confine the relief for an

expeditious consideration of Exts.P6 and P7 applications in Form

Nos.5 and 7 under 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.

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 1 st respondent to initially

consider Ext.P6 application (Form No.5), after obtaining and

verifying the relevant materials and reports from the Agricultural

Officer and to pass appropriate orders thereon within a period of

three months from the date of receipt of a copy of this judgment. WP(C) NO. 20661 OF 2021

If orders are passed excluding the property from the data bank,

then, Ext.P7 application (Form No.7) shall also be taken up for

consideration and appropriate orders shall be passed thereon

within a period of 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 Bng/30.09.2021 WP(C) NO. 20661 OF 2021

APPENDIX OF WP(C) 20661/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF TITLE DEED NO 1069/1989 DATED 20.4.1989 OF SRO WADAKANCHERY

Exhibit P2 TRUE COPY TITLE DEED NO 1192/1989 DATED 3.5.1989 OF SRO WADAKANCHERY

Exhibit P3 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 22.10.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS

Exhibit P4 TRUE COPY OF BASIC TAX RECEIPT DATED 4.5.2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER

Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE BTR DATED NIL ISSUED BY THE 5TH RESPONDENT

Exhibit P6 TRUE COPY OF THE APPLICATION UNDER RULE 4 OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES 2008 IN FORM NO 5 DATED 26.7.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR REMOVING THE PROPERTY FROM THE DATA BANK

Exhibit P7 TRUE COPY OF THE APPLICATION UNDER SEC 27A OF THE KERALA CONSERVATION OF PADDY AND WET LAND ACT 2008, IN FORM NO 7 UNDER RULE 12(1) OF THE RULES DATED 26.7.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR CHANGING THE STATUS OF THE PROPERTY AS PARAMBA OR DRY LAND

Exhibit P8 TRUE COPY OF CHALAN DATED 26.7.2021 DRAWN IN FAVOUR OF THE 1ST RESPONDENT