Kerala High Court
Anu Mathew vs The Revenue Divisional Officer on 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
WP(C) NO. 26183 OF 2021
PETITIONER:
ANU MATHEW
AGED 62 YEARS, W/O. LATE THOMAS MATHEW,
CHALAKUZHY HOUSE, KANAKAPPALAM P.O.,
ERUMELY - 686 509.
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
RDO OFFICE, FIRST FLOOR, KB JACOB ROAD,
FORT KOCHI, KOCHI-682001.
2 THE LOCAL LEVEL MONITORING COMMITTEE,
COCHIN CORPORATION,
REPRESENTED BY ITS CONVENOR,
THE AGRICULTURAL OFFICER, ERNAKULAM,
AGRICULTURAL OFFICE, VYTTILA, ERNAKULAM-682019.
3 THE AGRICULTURAL OFFICER, ERNAKULAM,
AGRICULTURAL OFFICE, VYTTILA, ERNAKULAM-682019.
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, ERNAKULAM,
MARINE DRIVE, KOCHI-682011.
BY GOVT. PLEADER SRI.K.M.FAISAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26183 OF 2021
2
T.R. RAVI, J.
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W. P. (C). No. 26183 of 2021
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Dated this the 28th day of January, 2022
JUDGMENT
The petitioner is aggrieved by non-consideration of Ext.P12
application submitted in Form 6 of the Kerala Conservation of Paddy
Land and Wet Land Act, 2008. Petitioner submits that the land is
shown as converted land in the Data Bank and in Ext.P7, the Local
Level Monitoring Committee has already found that the land is liable
to be removed from the Data Bank since it is seen as a dry land.
Petitioner has also produced Ext.P15 order issued by this Court,
wherein it is held that in cases where the property is shown as
converted land in the Data Bank, there is no requirement for an
application in Form 5 for the purpose of considering an application in
Form 6.
In the above circumstances, this writ petition is disposed of
directing the 1st respondent to consider and pass orders on Ext.P12
application in the light of the findings in Ext.P7 regarding the nature
WP(C) NO. 26183 OF 2021
of the land and without insisting on a Form 5 application, within four
months from the date of receipt of a copy of this judgment. The 1 st
respondent shall also take into consideration the fact that the extent
of land is below 25 cents and the schedule as amended applies.
Sd/-
T.R.RAVI
JUDGE
Pn
WP(C) NO. 26183 OF 2021
APPENDIX OF WP(C) 26183/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT OF
THE PETITIONER'S PROPERTY.
Exhibit P2 A TRUE COPY OF SALE DEED NO.3846/2014 DATED
16.9.2014 OF SRO, ERNAKULAM.
Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT ISSUED
BY THE COCHIN CORPORATION TO THE
PETITIONER'S PREDECESSOR IN TITLE.
Exhibit P4 A TRUE COPY OF THE BUILDING TAX RECEIPT
ISSUED FROM COCHIN CORPORATION.
Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 19.6.2018
OF THIS HON'BLE COURT IN WP(C)
NO.20001/2018.
Exhibit P7 A TRUE COPY OF THE PROCEEDINGS DATED
11.7.2019 OF THE 2ND RESPONDENT.
Exhibit P8 A TRUE COPY OF THE AFFIDAVIT FILED BY THE
3RD RESPONDENT IN CCC NO.1330/2019 OF THIS
HON'BLE COURT.
Exhibit P9 A TRUE COPY OF THE OFFICIAL GAZETTE DATED
25.2.2021.
Exhibit P10 A TRUE COPY OF THE G.O.(MS)
NO.4592/2017/REV. DATED 31.10.2017 ISSUED
BY THE GOVERNMENT OF KERALA.
WP(C) NO. 26183 OF 2021
Exhibit P11 A TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFIED DATA BANK OF KOTHAMANGALAM
MUNICIPALITY.
Exhibit P12 A TRUE COPY OF THE APPLICATION IN FORM NO.6
DATED 2.7.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P13 A TRUE COPY OF THE REPORT DATED 6.8.2021
SUBMITTED BY THE 3RD RESPONDENT.
Exhibit P14 A TRUE COPY OF SRO NO.369/2021 DATED
25.2.2021 ISSUED BY THE GOVERNMENT OF
KERALA.
Exhibit P15 A TRUE COPY OF THE ORDER DATED 21.1.2022 OF
THIS HON'BLE COURT IN CON.CASE (CIVIL) NO-
1193/2021
