Kerala High Court
O.M.Varghese vs State Of Kerala on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO.26763 OF 2021
PETITIONER :-
O.M.VARGHESE, AGED 69 YEARS
S/O. VARKEY MATHEW, OLAPURACKAL HOUSE,
RAYAMANGALAM P.O., PIN-683 545.
BY ADVS.
K.C.ELDHO
MALLENATHAN.M.
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF LAND REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 REVENUE DIVISIONAL OFFICER (RDO), FORT KOCHI,
OFFICE OF THE RDO, FORT KOCHI,
ERNAKULAM DISTRICT-682 001.
3 THE TAHSILDAR,
PARAVUR TALUK, NORTH PARAVUR-683 513.
4 THE VILLAGE OFFICER,
ELOOR VILLAGE, ELOOR POST,
ERNAKULAM DISTRICT-683 501.
BY SMT.PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.26763 OF 2021
-: 2 :-
JUDGMENT
Dated this the 1st day of February, 2022
The petitioner is the owner in possession of 2.98 Ares of
property in Survey No.2 of Eloor Village in Paravur Taluk of
Ernakulam District. The petitioner confines his relief for an
expeditious consideration of Exts.P6 and P9 applications in Form
Nos.5 and 6 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 2 nd 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. If
orders are passed excluding the property from the data bank, then,
Ext.P9 application (Form No.6) shall also be taken up for
consideration and appropriate orders shall be passed thereon
WP(C) NO.26763 OF 2021
within a period of three months thereafter. The RDO shall consider
all relevant matters and shall obtain reports from the concerned
Village Officer and also taking note of Ext.P8 judgment as well.
The petitioner shall produce a copy of this judgment along with a
copy of the writ petition before the 2nd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/4.2.2022
WP(C) NO.26763 OF 2021
APPENDIX OF WP(C) 26763/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO.570 OF 2002 OF
SRO ALANGAD DATED 28.1.2002.
Exhibit P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE
RESIDENTIAL BUILDING REFERRED TO IN EXHIBIT P1,
ISSUED BY THE THEN ELOOR GRAMA PANCHAYAT DATED
1.4.2002.
Exhibit P3 A TRUE COPY OF THE LATEST BUILDING TAX PAID
RECEIPT OF EXHIBIT P2 DATED 3.3.2021.
Exhibit P4 A TRUE COPY OF THE PAID RECEIPT OF THE
PETITIONER PAID FOR THE PERIOD 2020-2021 DATED
3.3.2021.
Exhibit P5 A TRUE COPY OF THE ORDER DATED 27.4.2018 VIDE
ORDER NO.05-/ELR-14/2018-2019.
Exhibit P6 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT RDO
6.2.2020.
Exhibit P7 A TRUE COPY OF THE RECEIPT, EVIDENCING THE
PAYMENT OF RS.1000/- FOR EXHIBIT P6 APPLICATION
DATED 24.2.2020.
Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.3797 OF
2020 DATED 22.10.2021.
Exhibit P9 A TRUE COPY OF THE FORM 6 APPLICATION.
