Joseph vs District Collector
2023 Latest Caselaw 5468 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                         WP(C) NO. 14838 OF 2023
PETITIONER/S:

             JOSEPH
             AGED 58 YEARS
             S/O DEVASSY, RESIDING AT THEKKEKARA HOUSE
             VAYALAKKAD, UNION CHRISTIAN COLLEGE P.O.
             ALUVA, ERNAKULAM DISTRICT, PIN - 683102
             BY ADVS.
             DHEERAJ KRISHNAN PEROT
             K.L ANGEL MARY
             FIDHA NAVAS


RESPONDENT/S:

     1       DISTRICT COLLECTOR
             CIVIL STATION, KAKANAD, KOCHI, PIN - 682030
     2       THE REVENUE DIVISIONAL OFFICER
             RDO OFFICE, FIRST FLOOR, JACOB RD,
             FORT KOCHI, KOCHI, PIN - 682001
     3       THE TAHASILDAR (LAND RECORDS)
             KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
             MARINE DRIVE, KOCHI, PIN - 682011
     4       THE VILLAGE OFFICER
             VILLAGE OFFICE, GANDHINAGAR ROAD,
             KADAVANTHARA, ELAMKULAM, PIN - 682020
             BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

             GP- SRI. K.M FAIZAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14838 OF 2023       ..2..



                          JUDGMENT

The petitioner obtained 0.61 Ares of land comprising in

Sy.Nos.606/1, 606/2 of Elamkulam Village, Kanayannur

Taluk. The petitioner confines his prayer for an expeditious

consideration of Ext.P4 application in Form No.5 under the

proviso to Rule 4(d) of the Kerala Conservation of Paddy

land and Wetland Rules, 2008, seeking to convert the

nature of the petitioner's property in the revenue records.

According to the petitioner, the said land was converted to

dry land about 30 years back and the surrounding lands are

also dry lands with commercial and residential buildings.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. In the facts and circumstances of the case and

having regard to the submissions made across the Bar and

without expressing any view on the merits of the matter, this

writ petition is disposed of directing the RDO/2nd respondent WP(C) NO. 14838 OF 2023 ..3..

to consider Ext.P4 application (Form No.5), after obtaining

all necessary inputs including the report of the Agricultural

Officer and to pass appropriate orders thereon. The entire

proceedings shall be completed within a period of four

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

This writ petition is ordered accordingly.

Sd/-

                             MURALI PURUSHOTHAMAN
                                     JUDGE
SB
 WP(C) NO. 14838 OF 2023          ..4..

                APPENDIX OF WP(C) 14838/2023

PETITIONER EXHIBITS

Exhibit P1            THE TRUE COPY OF THE COURT ORDER DATED

24/10/2018 OF HON'BLE COURT OF THE SUB JUDGE ERNAKULAM Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.04.2023 WITH THE THANDAPER NO: 37971 MARKING PETITIONER'S LAND AS 'NILAM' Exhibit P3 TRUE COPY OF THE LAND IDENTIFICATION DETAILS PREPARED BY KRISHI BHAVAN DATED NIL Exhibit P4 TRUE COPY OF THE APPLICATION DATED 29/10/2022 Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC 12485 OF 2023 DATED 5.4.2023