Safir K.M vs The Revenue Divisional Officer
2022 Latest Caselaw 4122 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 13165 OF 2022
PETITIONER:

          SAFIR K.M.
          AGED 62 YEARS
          S/O K.K. MOHAMMAD, KALAPPURAKKAL HOUSE, THRIKKAKARA
          P.O., ERNAKULAM, PIN - 682 021.
          BY ADVS.
          S.JAMAL
          VINOD VALLIKAPPAN


RESPONDENTS:

          THE REVENUE DIVISIONAL OFFICER
    1     REVENUE DIVISIONAL OFFICE, FORT KOCHI POST, ERNAKULAM,
          KOCHI - 682 001.
          THE VILLAGE OFFICER,
    2
          THRIKKAKARA NORTH VILLAGE, ERNAKULAM - 682 033.
          THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KALAMASSERY,
    3
          VADACODE POST, ERNAKULAM - 682 021.


          BY SMT.VINITHA -SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.13165 OF 2022

                                   2




                              JUDGMENT

Dated this the 7th day of April, 2022

Petitioner is the owner in possession of 11 Ares

of land in Survey No.784/2-2 of Thrikkakara North Village

in Kanayannur Taluk of Ernakulam District. Petitioner

confines his relief for an expeditious consideration of

Ext.P4 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 petitioner,

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 Form No.5 application, after

obtaining and verifying the relevant materials and reports

from the Agricultural Officer. If orders are passed excluding WP(C) NO.13165 OF 2022

the property from the data bank, then, Form No.6

application shall also be taken up for consideration and

appropriate orders shall be passed thereon after considering

all relevant aspects of the matter. Entire proceedings shall

be completed within a period of four 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 ska WP(C) NO.13165 OF 2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF LAND TAX RECEIPT DATED 23.09.2020 OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE UNPUBLISHED DRAFT DATA BANK OF THRIKKAKARA NORTH VILLAGE WHICH WAS FINALIZED AND PUBLISHED ON 05.02.2021 VIDE GO NO.545.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE LLMC, KALAMASERRY AND THE RECEIPT DATED 26.10.2017.

Exhibit P4 TRUE COPY OF THE APPLICATION FILED BEFORE THE 1ST RESPONDENT DATED 18.03.2022 ALONG WITH THE RECEIPT ISSUED FOR THE SAME.

RESPONDENTS' EXHIBITS:           NIL
 ska                             //TRUE COPY//            PA TO JUDGE