Kerala High Court
K.A. Sebastian vs Revenue Divisional Officer/Sub ... on 8 December, 2023
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 41130 OF 2023
PETITIONERS:
1 K.A. SEBASTIAN
AGED 59 YEARS
S/O. ESTHAPPANOSE, KALLUNGAL, CHERUMATTAPUZHAKKARAYIL,
VAZHAKKALA VILLAGE, KANAYANNUR TALUK, THRIKKAKARA P.O.,
ERNAKULAM DISTRICT, PIN - 682021
2 K.C. RAJU
AGED 59 YEARS
S/O. CYRIL, KALIYATHU VEETTIL, NJALAKAM KARAYIL,
THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK,
CHANGAMPUZHA NAGAR P.O., ERNAKULAM DISTRICT, PIN -
682033
3 DR. JAIN SEBASTIAN
AGED 62 YEARS
S/O. DEVASSY, PAYIKKAT, PARIJATHAM ROAD, NJALAKAM
KARAYIL, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK,
CHANGAMPUZHA NAGAR P.O., ERNAKULAM DISTRICT, PIN -
682033
BY ADVS.
R.T.PRADEEP
P.BIJIMON
M.BINDUDAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
FORT KOCHI, ERNAKULAM, PIN - 682001
2 AGRICULTURAL OFFICER
KAKKANAD, KAKKANAD.P.O., ERNAKULAM, PIN - 682030
3 VILLAGE OFFICER
VILLAGE OFFICE, KAKKANAD, KAKKANAD.P.O.,
ERNAKULAM, PIN - 682030
SRI. B.S. SYAMANTHAK. GP.
WP(C) NO. 41130 OF 2023 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 41130 OF 2023 3
T.R. RAVI, J.
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W.P.(C)No.41130 of 2023
--------------------------------------------
Dated this the 8th day of December, 2023
JUDGMENT
Admit. GP takes notice for the respondents.
2. The petitioner has preferred Ext.P15 application in
Form V under the Kerala Conservation of Paddy Land and
Wetland Act, 2008 before the 1 st respondent and seeks early
disposal of the same.
In view of the limited prayer made, this writ petition is
disposed of directing the 1st respondent to consider and pass
orders on Ext.P15 application, at the earliest, at any rate,
within three months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 41130/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE NO.1492/11
DATED 12.5.2011 ISSUED BY 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 7.1.2016
IN W.P.(C) NO.595/2016 OF THE HON'BLE
HIGH COURT OF KERALA
Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.KA
29/16-17 DATED 20.10.2016 FROM THE LOCAL
LEVEL MONITORING COMMITTEE AS REGARD THE
INCLUSION OF THE PROPERTY AS RECLAIMED
GARDEN LAND IN THE DATA BANK TO THE 1ST
PETITIONER
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
19.1.2017 BEFORE THE DISTRICT COLLECTOR
FOR USAGE OF PROPERTY FOR NON-AGRICULTURE
PURPOSE UNDER CLAUSE 6(2) OF KERALA LAND
UTILIZATION ORDER, 1967
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 6.11.2017
IN W.P.(C) NO.4446/2017 OF THE HON'BLE
HIGH COURT OF KERALA
Exhibit P6 TRUE COPY OF THE CERTIFICATE NO.TKA
25/18-19 DATED 19.11.2018 ISSUED BY 2ND
RESPONDENT TO THE 1ST PETITIONER
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
24.10.2019 IN W.P.(C) NO.8441/2019 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P8 TRUE COPY OF THE CERTIFICATE NO.TKA
25/19-20 DATED 31.1.2020 EXCLUDING THE
PROPERTY COMPRISED IN RE-SURVEY NO.699/6
FROM DATA BANK ISSUED BY 2ND RESPONDENT
TO THE 1ST PETITIONER
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 2.11.2018
IN W.A. NO.2147/2018 OF THE HON'BLE HIGH
COURT OF KERALA
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
12.2.2020 SUBMITTED BY PETITIONERS BEFORE
THE DISTRICT COLLECTOR
Exhibit P11 TRUE COPY OF THE RECEIPT NO.L10 -
329287/2020/TDC EKM DATED 2.3.2020
REGARDING THE ACCEPTANCE OF EXHIBIT-P10
ISSUED FROM THE OFFICE OF THE DISTRICT
COLLECTOR TO THE 1ST PETITIONER
Exhibit P12 TRUE COPY OF JUDGMENT DATED 25.5.2020 IN
W.P.(C0 NO.1020/2020 OF THE HON'BLE HIGH
COURT OF KERALA
Exhibit P13 TRUE COPY OF PROCEEDINGS NO.H3-12783/2022
OF TAHSILDAR (LAND RECORDS), KANAYANNUR
TALUK DATED 30.6.2023
Exhibit P14 TRUE COPY OF NOTIFICATION DATED 3.2.2021
APPEARED IN KERALA GAZETTE NO.553 DATED
5.2.2021 PUBLISHING THE DATA BANK IN
KAKKANADU VILLAGE OF THRIKKAKARA
MUNICIPALITY IN RELATION TO THE PROPERTY
OF PETITIONERS HAVING AN EXTENT OF 66
Exhibit P15 TRUE COPY OF APPLICATION
NO.1/2023/1666776 DATED 10.7.2023 IN FORM
NO.5 FOR EXCLUSION OF PROPERTY HAVING AN
EXTENT OF 66 CENTS COMPRISED IN RE-SURVEY
NO.700/3 OF KAKKANADU VILLAGE BEFORE 1ST
RESPONDENT BY PETITIONERS
