K M Alexander vs Revenue Divisional Officer
2022 Latest Caselaw 5360 Ker

WP(C) NO. 16363 OF 2022              1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                          WP(C) NO. 16363 OF 2022
PETITIONER:

              K M ALEXANDER
              AGED 71 YEARS
              RTD. EXECUTIVE ENGINEER, KUZHIKATTUMANACKAL HOUSE,
              PIRAVOM, MUVATTUPUZHA TALUK,
              ERNAKULAM DISTRICT - 686 664.

              BY ADVS.
              K.LAKSHMINARAYANAN
              SATHYASHREE PRIYA EASWARAN


RESPONDENTS:
     1     REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVENUE DIVISIONAL OFFICE, 2H28+CQP,
           GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD,
           MUVATTUPUZHA, KERALA - 686 673.

      2       TAHSILDAR
              2H28+GR8, FIRST FLOOR, MINI CIVIL STATION,
              PATTIMATTOM - MUVATTUPUZHA ROAD,
              MUVATTUPUZHA, KERALA - 686 673.

      3       VILLAGE OFFICER
              VILLAGE OFFICE, KADAVU ROAD, PALLIKAVALA, PIRAVOM,
              MUVATTUPUZHA - 686 664.

      4       AGRICULTURAL OFFICER
              KRISHI BHAVAN, MULAKULAM (N) P.O., PIRAVOM,
              MUVATTUPUZHA - 686 664.

              SMT.VINITHA B. SR.GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16363 OF 2022                 2




                                 JUDGMENT

The petitioner is the owner in possession of 16.50 Ares of

land in Survey No.821/5 in Block No.1 of Piravam Village in

Muvattupuzha Taluk of Ernakulam District. It is submitted that

the property of the petitioner is lying as Purayidam and the same

is not suitable for paddy cultivation and is not included in the data

bank. The petitioner confines his relief for an expeditious

consideration of Ext.P3 application in Form No.6 under Section

27A of the Kerala Conservation of Paddy land and Wetland Act,

2008, seeking permission for use of land for other purposes.

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 1 st respondent to take up

Ext.P3 application, consider and pass orders on the same, after

considering all relevant aspects of the matter and after verifying

the data bank and obtaining all necessary inputs including the

report of the Village Officer. The entire proceedings shall be

completed within a period of two months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 16363/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE WILL BEARING NO.7/2011 DATED 11/01/2001 EXECUTED BY THE MOTHER OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE RECEIPT FOR PAYMENT OF REVENUE FOR THE PROPERTY FOR THE PERIOD 2021- 22 ISSUED BY R3 DATED 9/7/2021.

Exhibit P3 A TRUE COPY OF THE FORM NO.6 DATED 13/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE LETTER DATED 12/10/2020 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK.

Exhibit P6 A TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER SHOWING THE CLASSIFICATION OF LAND MAINTAINED BY THE 3RD RESPONDENT.

Exhibit P7 A TRUE COPY OF THE REVENUE RECEIPT NO.4610741 DATED 12/05/2010 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE REPORT DATED 25/11/2020 SUBMITTED BY THE VILLAGE OFFICER TO THE TALUK OFFICE, MUVATTUPUZHA.

Exhibit P9 A TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER.