Adv. Roshen D. Alexander vs The Revenue Divisional Officer
2022 Latest Caselaw 3916 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. 12084 OF 2022
PETITIONERS:

    1     ADV. ROSHEN D. ALEXANDER
          AGED 41 YEARS
          S/O. D. ALEXANDER,
          PRESENTLY RESIDING AT PAKALON CHAMBERS,
          J.M. VILLA ROAD, VADUTHALA P.O,
          ERNAKULAM-682 023., PIN - 682023
    2     ADV. TINA ALEX THOMAS
          AGED 40 YEARS
          W/O. ROSHEN D. ALEXANDER,
          PRESENTLY RESIDING AT PAKALON CHAMBERS,
          J.M. VILLA 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.

    2     THE TAHSILDAR
          TALUK OFFICE, KANAYANNUR,
          ERNAKULAM - 682 011.

    3     THE VILLAGE OFFICER
          VILLAGE OFFICE, CHERANALLOOR VILLAGE,
          ERNAKULAM - 682 027.

    4     THE AGRICULTURAL OFFICER,
          CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, KOCHI
          CORPORATION, AGRICULTURAL OFFICE, VYTTILA, ERNAKULAM -
          682 019.

          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.12084 OF 2022

                                  2




                              JUDGMENT

Dated this the 5th day of April, 2022

Petitioners are the owners in possession of a

total extent of 3.64 Ares of land in Survey Nos.1108/3-2

and 1109/10 in Block No.1 of Cheranalloor Village in

Kanayannur Taluk of Ernakulam District. Petitioners

confine their relief for an expeditious consideration of

Exts.P6 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.P6 application (Form

No.5), after obtaining and verifying the relevant materials WP(C) NO.12084 OF 2022

and reports from the Agricultural Officer. If orders are

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.12084 OF 2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.

1266/2019 DTD. 29.03.2019.

Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE BEARING NO. 41726015 DTD. 23.07.2019 ISSUED FROM CHERANALLUR VILLAGE OFFICE.

Exhibit P3 TRUE COPY OF RECEIPT FOR PAYING BASIC LAND TAX BEARING NO. KL07022100738/2021 DTD. 15.01.2021.

Exhibit P4 TRUE COPY OF RECEIPT NO. 04/12002107649 DTD.16.01.2021 ISSUED BY THE KOCHIN MUNICIPAL CORPORATION.

Exhibit P5 TRUE COPY OF THE EXTRACT OF DATA BANK PERTAINING TO SURVEY NOS. 1108/3-2 AND 1109/10 OF CHERANALLUR VILLAGE ISSUED FROM KRISHIBHAVAN, VYTTILA.

Exhibit P6 TRUE COPY OF THE FORM NO. 5 APPLICATION BEARING NO. 1/2022/973916 DTD.12.03.2022.

Exhibit P7 TRUE COPY OF THE RECEIPT NO.

KL07022103196/2022 DTD. 12.03.2022 EVIDENCING PAYMENT OF FEE.

Exhibit P8 TRUE COPY OF THE SCREENSHOT OF APPLICATION STATUS FOR EXT.P6 APPLICATION DOWNLOADED FROM WWW.REVENUE.KERALA.GOV.IN.

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.992 DTD.

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

Exhibit P11 TRUE COPY OF TRUE COPY OF TREASURY CHALLAN WP(C) NO.12084 OF 2022

BEARING NO. KL027331585202122M DTD. 31.03.2022.

Exhibit P12 TRUE COPY OF THE APPLICATION IN FORM NO. 6 DTD. 31.03.2022 UNDER SECTION 27A OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT.

Exhibit P13 TRUE COPY OF POSTAL RECEIPT DTD. 31.03.2022.

Exhibit P14 TRUE COPY OF PRINT OUT OF TRACK CONSIGNMENT FOR ARTICLE NO. RL432614726IN.

RESPONDENTS' EXHIBITS:          NIL



 SSK                            //TRUE COPY//          PA TO JUDGE