Kerala High Court
K.T.Antony 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. 3200 OF 2022
PETITIONER:
K.T.ANTONY
AGED 72 YEARS
S/O. THOMAS K.M., KOTTIYATH HOUSE, VENNALA (P.O.),
KOCHI-682028.
BY ADVS.
K.RAJESH KANNAN
M.RAMASWAMY PILLAI
AJITH C.R.
SEETHA.P
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT (REVENUE),
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, COLLECTORATE, CIVIL STATION
BUILDING, KAKKANAD, ERNAKULAM, PIN-682030.
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FIRST FLOOR,
KB JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN-682001.
4 THE TAHASILDAR,
KANAYANNUR TALUK, ERNAKULAM DISTRICT-682011.
5 THE VILLAGE OFFICER,
EDAPPALLY SOUTH VILLAGE, VENNALA, KOCHI-682028.
6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, VYTILLA AGRICULTURAL
OFFICE, VYTILLA, ERNAKULAM-682019.
BY SRI.SYAMANTHAK-GOVERNMENT PLEADER
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.3200 OF 2022
2
JUDGMENT
Dated this the 01st day of February, 2022
Petitioner is the owner in possession of 6.49 Ares of land
in Survey No.50/14 in Block No.1 of Edappally South Village in
Kanayannur Taluk of Ernakulam District. Petitioner confines his
relief for an expeditious consideration of Exts.P4 and P6
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 converted 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 3 rd respondent to initially
consider Ext.P4 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
WP(C) NO.3200 OF 2022
four 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.P6 application (Form No.6) shall also be taken up for
consideration and appropriate orders shall be passed thereon
within a period of three months thereafter. The RDO shall
consider all relevant matters and shall obtain reports from the
concerned Village Officer as well. Petitioner shall produce the
copy of this judgment along with the copy of the writ petition
before the 3rd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ska
WP(C) NO.3200 OF 2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED NO.1056/1997 DATED
13.3.1997.
Exhibit P2 TRUE COPY OF THE BASIC LAND TAX RECEIPT DATED
21.8.2017 ISSUED TO THE PETITIONER FROM
VILLAGE OFFICE, VENNALA.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA
BANK PREPARED WITH RESPECT TO THE PROPERTY OF
THE PETITIONER.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 16.9.2021
FILED BY THE PETITIONER IN FORM NO.5 AS PER
RULE 4D OF THE KERALA CONSERVATION OF PADDY
LAND & WETLAND ACT, 2008 BEFORE THE 3RD
RESPONDENT.
Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT DATED
28.9.2021 WITH REGARD TO EXHIBIT P4.
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 24.1.2022
IN FORM NO.6 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE CHALLAN RECEIPT DATED
24.1.2022 SHOWING THE PAYMENT OF RS.1000/-.
Exhibit P8 TRUE COPY OF THE POSTAL RECEIPT DATED
25.1.2022
RESPONDENT'S/S EXHIBITS: NIL
