Joseph V D vs State Of Kerala
2022 Latest Caselaw 2133 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                          WP(C) NO. 2143 OF 2022
PETITIONER:

              JOSEPH V D
              AGED 47 YEARS
              SON OF DAVIS, VAZHAPPILLY HOUSE, VELUR BAZAR, VELUR POST,
              THRISSUR DISTRICT, PIN - 680601

              BY ADVS.
              SHIBIN K.F.
              SHOBY K.FRANCIS


RESPONDENTS:
     1     LOCAL LEVEL MONITORING COMMITTEE OF VELUR GRAMA
           PANCHAYATH [LLMC] REPRESENTED BY ITS CONVENER AND
           AGRICULTURAL OFFICER, KRISHI BHAVAN,
           VELUR POST, THRISSUR DISTRICT., PIN - 680601

     2        CONVENER AND AGRICULTURAL OFFICER, (LOCAL LEVEL
              MONITORING COMMITTEE OF VELUR GRAMA PANCHAYATH),
              KRISHI BHAVAN, VELUR POST, THRISSUR DISTRICT., PIN -
              680601

     3        REVENUE DIVISIONAL OFFICER
              OFFICE OF THE RDO, THRISSUR, PIN - 680003

     4        TAHASILDAR (LAND RECORDS), TALUK OFFICE, KUNNAMKULAM
              TALUK, KUNNAMKULAM P.O., PIN - 680503, THRISSUR DISTRICT

     5        VILLAGE OFFICER, VELUR VILLAGE, VELUR P.O.,    THRISSUR
              DISTRICT., PIN - 680601


OTHER PRESENT:

              SMT PRINCY XAVIER, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2143 OF 2022                2




                               JUDGMENT

Dated this the 24th day of February, 2022

Petitioner is the owner in possession of 16.6 Ares

of land in Survey No.1283/1 and 1284/1-2 of Velur Village

in Kunnamkulam Taluk of Thrissur District. Petitioner

confines his relief for an expeditious consideration of

Exts.P4 and P5 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 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.P5 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 3 rd respondent

for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 2143/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEED NO. 377/2018 OF SRO, MUNDOOR DATED 20-2-2018 HAVING A TOTAL EXTEND OF 13.08 ARES OF LAND COMPRISED IN SURVEY NO.1283/1 OF VELUR VILLAGE Exhibit P2 TRUE COPY OF THE TITLE DEED NO. 833/2019 OF SRO, MUNDOOR DATED 5-4-2019 HAVING A TOTAL EXTEND OF 3.52 ARES OF LAND COMPRISED IN SURVEY NO. 1284/1-2 OF VELUR VILLAGE. Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 8-3-

2021.

Exhibit P4 TRUE COPY APPLICATION UNDER RULE 4 OF THE KERALA CONSERVATION OF PADDY AND WET LAND RULES, 2008 IN FORM NO. 5 DATED 20-3-2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT FOR REMOVING THE PROPERTY FROM THE DATA BANK.

Exhibit P5 TRUE COPY OF THE APPLICATION UNDER SEC. 27A OF THE KERALA CONSERVATION OF PADDY AND WET LAND ACT, 2008 IN FORM NO. 6 UNDER RULE 12 (1) OF THE RULES DATED 20-3-2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT FOR CHANGING THE STATUS OF THE PROPERTY AS PARAMBA OR PURAYIDOM IN THE BTR HAVING A TOTAL EXTEND OF 16.6 ARES OF LAND (41 CENTS) COMPRISED IN SURVEY NO. 1283/1 & 1284/1-2 OF VELUR VILLAGE IN KUNNAMKULAM TALUK IN THRISSUR DISTRICT AS PER THE REGISTERED TITLE DEED NO'S. 377/2018 AND 833/2019 OF SRO, MUNDOOR.

Exhibit P6 TRUE COPY OF THE CHALAN DATED 27-3-2021. Exhibit P7 TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 1-

4-2021 NIL RECEIVED BY THE OFFICE OF THE 3RD RESPONDENT.