Elizabeth Kurian vs Revenue Divisional Officer
2022 Latest Caselaw 9541 Ker

WP(C) NO. 23986 OF 2022              1




                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                            WP(C) NO. 23986 OF 2022
PETITIONER/S:

               ELIZABETH KURIAN
               AGED 73 YEARS
               W/O.THOMAS MATHEW, KUNNATHUKUZHI HOUSE,
               P.O.RAMAVARMAPURAM, THRISSUR - 680 631.

               BY ADVS.
               V.M.KRISHNAKUMAR
               MAYA M.


RESPONDENT/S:
     1     REVENUE DIVISIONAL OFFICER
           CIVIL STATION, AYYANTHOLE, THRISSUR - 68003.

      2        LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI
               BHAVAN, KOLAZHI, THRISSUR DISTRICT - 680 010.


OTHER PRESENT:
           SMT.DEEPA NARAYANAN, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23986 OF 2022             2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C) No.23986 of 2022
                    --------------------------------------
               Dated this the 25th day of August, 2022


                               JUDGMENT

The above writ petition is filed with following prayers :

i. call for records leading to Ext P6 and issue a writ in the nature of certiorari quashing Ext P6. ii. issue a writ in the nature of mandamus commanding the respondents 1 and 2 to exclude petitioner's land covered by Ext P1 from the land data bank under the Kerala Conservation of Paddy and Wetland Act. iii. Issue a writ in the nature of mandamus commanding the 2 respondent to take a decision on Ext P3 application, nd

within such time as may be fixed by this Hon'ble Court. iv. Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

v. award cost of this proceedings to the petitioner.[SIC]

2. The petitioner is the owner in possession of an extent

of 5.97 ares of land in Re.Sy.No. 162/4, Block No.53 of Potta

Village which the petitioner obtained as per registered sale

deed No. 3021/2012 of Thrissur Sub Registry. According to the

petitioner, the property is a paramba from 1994 onwards. The

petitioner purchased the said property from one Vijayan. It is

also the case of the petitioner that from the schedule of the sale

deed, it is mentioned that the property is paramba with

improvements as well as motor and well. In the Data Bank, the

petitioner's property is mentioned as paddy land. Hence, the

petitioner submitted an application before the Revenue

Divisional Officer in Form-5 on 3.12.2021. The Revenue

Divisional Officer issued an order on 19.4.2022 by which Form-

5 application is rejected. Aggrieved by the same, this writ

petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The main challenge is against Ext.P6 order by which

Form-5 application is rejected. This Court perused Ext.P6 order.

Ext.P6 is not a speaking order. A perusal of Ext.P6 will not show

that it is an order passed after giving an opportunity of

hearing to the petitioner. Moreover, it will not show that the

officer inspected the property before passing the orders. This

Court perused Ext.P7 photographs also produced by the

petitioner.

5. After hearing both sides, I think Ext.P6 is to be set

aside and the matter is to be remanded back to the Revenue

Divisional Officer for reconsideration.

Therefore, these writ petitions are allowed in the following

manner :

1) Ext.P6 is set aside.

2) The 1st respondent is directed to reconsider the matter

after giving an opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within three months

from the date of receipt of a copy of this judgment.

3) Before passing final orders, the 1 st respondent will inspect

the property with notice to the petitioner.

4) If the petitioner submit an application for KSREC report,

the 1st respondent will obtain the same also.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 23986/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.3021/2012 DATED 18/06/2012.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 17/11/2021.

Exhibit P3 TRUE COPY OF THE SALE DEED NO.8527/2005 DATED 30/12/2005.

Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED NO.2093/1994 DATED 25/03/1994.

Exhibit P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER IN FORM NO.5 ON 03/12/2021.

Exhibit P6 TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER DATED 19/04/2022.

Exhibit P7 PHOTOGRAPH SHOWING THE PRESENT STATE OF AFFAIRS OF PETITIONER'S PROPERTY AND THE ADJACENT BUILDING.