Kerala High Court
Dr.Varghese P Ummen vs The Revenue Divisional Officer on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17633 OF 2022
PETITIONER:
DR.VARGHESE P UMMEN
AGED 54 YEARS
S/O.UMMEN, PADINJARIDATHU,
KANNAMKODU, ADOOR P.O.,
PATHANAMTHITTA DISTRICT - 691 523.
BY ADV K.K.SETHUKUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
ADOOR, RDO OFFICE, ADOOR, ADOOR P.O.,
PATHANAMTHITTA DT. - 691 523.
2 THE VILLAGE OFFICER
ENATHU OFFICE, ENATHU P.O.,
PATHANAMTHITTA DT. - 691 526.
3 THE AGRICULTURE OFFICER
KRISHI BHAVAN, EZHAMKULAM, PARAKODU P.O.,
PATHANAMTHITTA DISTRICT, PIN - 691 554.
BY SMT.SURYA BINOY, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17633/2022
:2:
N. NAGARESH, J.
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W.P.(C) No.17633 of 2022
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Dated this the 31st day of May, 2022
JUDGMENT
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The petitioner, who is in possession and
enjoyment of 6.94 Ares of land and a building, has
approached this Court seeking to direct the 1 st respondent to
consider Ext.P6 application submitted by the petitioner for
removal of his land from the Land Data Bank.
2. The petitioner states that he is having 6.94 Ares of
land along with a building, in Block no.18, Re-survey
Nos.446/2, 446/2-1-1, 446/3, 446/4-2-1 and 446/4-1-1 in
Enathu Village in Adoor Taluk. The petitioner states that the
land is a garden land. However, the land has been
erroneously included in the Land Data Bank.
W.P.(C) No.17633/2022
3. The petitioner had earlier submitted an application
before the Revenue Divisional Officer to make changes in
the Basic Tax Register as regards the nature of the land.
But, the application has been rejected as per Ext.P5 order
dated 20.07.2021 for the reason that the land is included in
the Land Data Bank. It is in such circumstances that the
petitioner is before this Court.
4. Heard the learned counsel for the petitioner and
the learned Government Pleader representing the
respondents.
5. The petitioner is holding 6.94 Ares of land in
Enathu Village in Adoor Taluk. According to the petitioner,
the land is not a paddy land or a wetland. Nevertheless, it
has been included in the Land Data Bank. The petitioner
wanted to get the BTR corrected and therefore submitted
Ext.P6 application for removal of the said land from the Data
Bank, invoking Rule 4(d) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008. Ext.P6 is a statutory
application. Therefore, the competent authority is bound to
W.P.(C) No.17633/2022
consider the same and pass appropriate orders thereon in
accordance with law.
In such circumstances, the writ petition is
disposed of directing the 1st respondent to consider Ext.P6
Form 5 application submitted by the petitioner, if the same is
received accompanied by all supporting documents and
paying the prescribed fee, if any. Orders in this regard shall
be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE
aks/01.06.2022
W.P.(C) No.17633/2022
APPENDIX OF WP(C) 17633/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE TAX RECEIPT.
Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED
22/11/2007.
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER NO.B6-
1714/2019 DATED 20/07/2021 ISSUED BY
THE 1ST RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE APPLICATION
DATED 08/11/2021.
Exhibit P7 TRUE PHOTOCOPY OF RECEIPT DATED
08/11/2021.
Exhibit P8 TRUE PHOTOCOPY OF THE REPLY LETTER
NO.E3/2869/18 DATED 15/05/2018 ISSUED
BY THE SECRETARY, EZHAMKULAM GRAMA
PANCHAYATH.
