Kerala High Court
Muraleedhar K Nair vs Revenue Divisional Officer on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18467 OF 2022
PETITIONER:
MURALEEDHAR K NAIR
AGED 52 YEARS
S/O KUMARAN NAIR, 'ADITHYA NIVAS', VARIYATH
VALAPPIL, EAZHAVATHIRUTHI, EASWARAMANGALAM
P.O.PONNANI TALUK, MALAPPURAM, PIN-679 573.
BY ADV K.P.SHEREEF
RESPONDENT:
REVENUE DIVISIONAL OFFICER
TIRUR, P.O.TIRUR, MALAPPURAM-676 101.
OTHER PRESENT:
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18467 of 2022 :2:
JUDGMENT
Dated this the 8th day of June, 2022
The petitioner, who is in possession of 40.51 Ares of
land of Ezhavathiruthi Village in Ponnani Taluk, has
approached this Court seeking to direct the respondent to
dispose of Ext.P5 Petition No.4/2022/104482 filed by the
petitioner and pending before the respondent expeditiously,
within a time frame.
2. The petitioner states that he owns 40.51 Ares of
land situated in Survey No.29/8-1 and 29/9-2 of
Ezhavathiruthi Village in Ponnani Taluk. According to the
petitioner, the land is a garden land and a new U.P School,
Easwaramangalam is functioning in the property. The
petitioner would assert that the land was converted much
prior to promulgation of the Kerala Land Utilisation Order on
04.07.1967. The school building was constructed in the year
1985 and the building was numbered by the Ponnani
Municipality.
3. The petitioner states that the land is still described
as wetland in Basic Tax Register of Ezhavathiruthi Village.
As the petitioner wanted to change the nature of the land as
recorded in Revenue records, the petitioner preferred Ext.P5
application invoking the provisions of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008. The
petitioner seeks expeditious disposal of Ext.P5 within a time
frame.
4. The Government Pleader entered appearance on
behalf of the respondent. The Government Pleader
controverted all material allegations made by the petitioner in
the writ petition. The Government Pleader pointed out that
the land of the petitioner is included in Data Bank as per
paragraph 5 of the writ petition and therefore, the application
for removal of the land from Data Bank may be required.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader for the respondents.
6. Whether the land of the petitioner is included in Data
Bank and whether a separate application for removal of the
land from Data Bank is necessary for consideration of
Ext.P5, is a matter to be decided by the respondent. The
petitioner has submitted Form-9 application invoking his
remedy under Rule 12(13) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008. Ext.P5 being a
statutory application, the respondent is bound to consider the
same, in accordance with law, if the application is
accompanied by all requisite supporting documents and is
otherwise, in accordance with law.
In the facts and circumstances of the case, the writ
petition is disposed of directing the respondent to consider
Ext.P5 Form-9 application if the same is received supported
by all requisite documents and paying prescribed fee, if any,
and to pass appropriate orders thereon in accordance with
law, within a period of three months.
Sd/-
N. NAGARESH, JUDGE
smm/10.06.2022
APPENDIX OF WP(C) 18467/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO
2410/2016 OF SRO PONNANI DATED
12.5.2016
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
HEADMISTRESS OF THE NEW U.P SCHOOL
ESWARAMANGALAM ON 23.3.2022
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED TO THE PETITIONER FROM
EZHAVATHIRUTHI VILLAGE OFFICE ON
19.1.2022
Exhibit P4 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED FROM EZHAVATHIRUTHI
VILLAGE OFFICE TO THE PETITIONER ON
28.1.2022
Exhibit P5 TRUE COPY OF THE FORM 9 PETITION FILED
BY THE PETITIONER BEFORE THE
RESPONDENT ON 16.3.2022
