Sabeesh P.S vs The Revenue Divisional Officer
2022 Latest Caselaw 3909 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 12122 OF 2022
PETITIONERS:

    1     SABEESH P.S
          AGED 47 YEARS
          S/O. P.V SATHYAN, AGED 47 YEARS, PRESENTLY RESIDING AT
          SRIKARYAM PONNARASSERY HOUSE, CHINMAYA CROSS ROAD,
          VADUTHALA P.O, ERNAKULAM-682 023.
          PIN - 682023
    2     DIVYA T.R
          AGED 41 YEARS
          W/O. SABEESH P.S, AGED 41 YEARS, PRESENTLY RESIDING AT
          SRIKARYAM PONNARASSERY HOUSE, CHINMAYA CROSS ROAD,
          VADUTHALA P.O, ERNAKULAM-682 023.
          PIN - 682023
          BY ADV HARIMOHAN


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, FORT KOCHI,
          ERNAKULAM - 682 001.
          PIN - 682001
    2     THE TAHSILDAR
          TALUK OFFICE, KANAYANNUR,
          ERNAKULAM - 682 011.
          PIN - 682011
    3     THE VILLAGE OFFICER
          VILLAGE OFFICE, CHERANALLOOR VILLAGE,
          ERNAKULAM - 682 027.
          PIN - 682027
    4     THE AGRICULTURAL OFFICER
          CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, KOCHI
          CORPORATION, AGRICULTURAL OFFICE,
          VYTTILA, ERNAKULAM - 682 019.
          PIN - 682019
          BY SMT VINITHA, SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.12122 OF 2022

                                  2




                              JUDGMENT

Dated this the 5th day of April, 2022

Petitioners are the owners in possession of 1.42

Ares of land in Survey No.1092/3-8 of Cheranalloor Village

in Kanayannur Taluk of Ernakulam District. Petitioners

confine their relief for an expeditious consideration of

Exts.P7 and P12 applications in Form Nos.5 and 6

respectively 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. According to

the petitioners, the property is a 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 1 st

respondent to initially consider Ext.P7 application (Form

No.5), after obtaining and verifying the relevant materials

and reports from the Agricultural Officer. If orders are WP(C) NO.12122 OF 2022

passed excluding the property from the data bank, then,

Exhibits P12 application (Form No.6) shall also be taken up

for consideration and appropriate orders shall be passed

thereon. Entire proceedings shall be completed within a

period of two months from the date of receipt of a copy of

this judgment. 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/05/04 WP(C) NO.12122 OF 2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.

1728/2019 DTD. 16.05.2019.

Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO. 53254849 DTD. 12.01.2021 ISSUED FROM CHERANALLUR VILLAGE OFFICE.

Exhibit P3 TRUE COPY OF RECEIPTS FOR PAYING BASIC LAND TAX BEARING NO. KL07022103095/2022 DTD. 10.03.2022

Exhibit P4 TRUE COPY OF RECEIPT BEARING NO.

04/12102108666 DTD.12.01.2022 ISSUED BY THE KOCHIN MUNICIPAL CORPORATION.

Exhibit P5 TRUE COPY OF LETTER DTD. 05.12.2018 ISSUED BY THE 4TH RESPONDENT TO THE PRIOR OWNER OF THE PETITIONERS.

Exhibit P6 TRUE COPY OF EXTRACT OF DATA BANK PERTAINING TO RE-SURVEY NO. 1092/3 OF CHERANALLUR VILLAGE ISSUED FROM KRISHIBHAVAN, VYTTILA.

Exhibit P7 TRUE COPY OF THE FORM NO. 5 APPLICATION BEARING NO. BEARING NO. 1/2022/973793 DTD. 12.03.2022.

Exhibit P8 TRUE COPY OF THE RECEIPT NO.

KL07022103195/2022 DTD. 12.03.2022EVIDENCING PAYMENT OF FEE.

Exhibit P9 TRUE COPY OF THE PRINT OUT OF THE SCREEN SHOT TAKEN FROM THE WEBSITE WWW.REVENUE.KERALA.GOV.IN ON 30.03.2022.

Exhibit P10 TRUE COPY OF THE RECEIPT BEARING NO.993 DTD.

30.03.2022 ISSUED FROM AKSHAYA E-CENTRE, EKM 261, PACHALAM, COCHIN - 682 012.

Exhibit P11 TRUE COPY OF TREASURY CHALLAN BEARING NO.

KL027331798202122M DTD. 31.03.2022.

Exhibit P12 TRUE COPY OF THE APPLICATION IN FORM NO. 6 DTD. 31.03.2022 UNDER SECTION 27A OF THE WP(C) NO.12122 OF 2022

KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT.

Exhibit P13 TRUE COPY OF THE POSTAL RECEIPT DTD.

31.03.2022.

Exhibit P14 TRUE COPY OF THE PRINT OUT OF TRACK CONSIGNMENT FOR ARTICLE NO. RL432614712IN.

RESPONDENTS' EXHIBITS:         NIL



 SSK                           //TRUE COPY//           PA TO JUDGE