Rema Devi L vs The Revenue Divisional Officer
2022 Latest Caselaw 6611 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                      WP(C) NO. 10714 OF 2019


PETITIONER:

            REMA DEVI L.
            AGED 57 YEARS
            D/O LEELA LAKSHMI, ROSE GARDENS,
            MUHAMMA P.O.ALAPPUZHA DISTRICT PIN 688 525
            BY ADV U.R.HARSHAKUMAR

RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            ALAPPUZHA 688 001
    2       THE DISTRICT COLLECTOR,
            ALAPPUZHA , COLLECTORATE,
            ALAPPUZHA, PIN 688 001
    3       THE TAHSILDAR, CHERTHALA,
            TALUK OFFICE, CHERTHALA, PIN 688 524
    4       THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, THANNEERMUKKOM SOUTH,
            ALPPUZHA DISTRICT, PIN 688 539
    5       THE VILLAGE OFFICER,
            THANNEERMUKKOM SOUTH,
            ALAPPUZHA DISTRICT PIN 688 539
            BY ADV GOVERNMENT PLEADER

OTHER PRESENT:

            SMT.DEEPA NARAYANAN, SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   09.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.10714/2019


                                    2

                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.10714 of 2019
             ----------------------------------------------
            Dated this the 09th day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. To declare that the properties of the petitioner admeasuring 04.02 ares and 14.18 ares comprised in Sy. No.228/6/1 and Sy.No. 228/6/2 of Thanneermukkom South village is neither a paddy land nor wetland, for the purposes of inclusion in the Land Data Bank, prepared under the Kerala (Conservation of Paddy & Wet Land) Act-2008. ii. Issue a writ of mandamus or any other writ, direction or order directing the 1st respondent to consider and dispose of Ext.P8 application within a time frame as directed by this Hon'ble court. iii. Issue a writ of mandamus or any other writ, direction or order directing the 1st respondent to change the nature of the property of the petitioner in the Basic Tax Register as garden land and re-assess the basic tax thereof. iv. Issue such other writ, order or direction as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case. v. Allow the cost of this proceedings.

(SIC) W.P.(C).No.10714/2019

2. Heard both sides. The counsel for the petitioner

submitted that he will be satisfied if a direction is issued to the

1st respondent to consider Ext.P8 application. One of the

prayer in the writ petition is to consider Ext.P8 application. I

think the same can be allowed.

Therefore, this writ petition is disposed of directing the

1st respondent to consider and pass appropriate orders in

Ext.P8, as expeditiously as possible, at any rate, within three

months from the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.10714/2019

APPENDIX OF WP(C) 10714/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.5.2018 ISSUED BY THE VILLAGE OFFICER, THANNEERMUKKOM SOUTH. EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.1.2016 ISSUED BY VILLAGE OFFICE, THANNEERMUKKOM SOUTH EXHIBIT P2 TRUE COPY OF PERMIT DATED 5.12.1997 ISSUED BY THE RUBBER BOARD IN FAVOUR OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER LOCAL LEVEL MONITORING COMMITTEE.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 2.4.2013 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR CHERTHALA EXHIBIT P5 TRUE COPY OF THE REPORTED DATED 6.6.2013 OF THE ADDITIONAL TAHSILDAR SUBMITTED BEFORE THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPORT DATED 18.4.2013 AND THE MAHAZAR PREPARED BY THE 5TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 14.2.2019 OF THE LOCAL LEVEL MONITORING COMMITTEE.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 20.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 29/5/2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P8(a) TRUE COPY OF THE POSTAL RECEIPT DTD.4/6/2019 IN RESPECT OF EXHIBIT P8 APPLICATION.

EXHIBIT P8(b) TRUE COPY OF THE ACKNOWLEDGMENT CARD IN RESPECT OF EXHIBIT P8 APPLICATION