Baiju Bahuleyan vs The Revenue Divisional Officer
2023 Latest Caselaw 13558 Ker

Kerala High Court

Baiju Bahuleyan vs The Revenue Divisional Officer on 21 December, 2023

W.P.C.No.43446/23                         1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                                   1945
                      WP(C) NO. 43446 OF 2023
PETITIONER:

            BAIJU BAHULEYAN,
            AGED 66 YEARS,
            S/O.C.K.BAHULEYAN, 8C, PHASE 2, SHWAS HOMES,
            MYSTIC HEIGHTS, EROOR, ERNAKULAM DISTRICT, PIN -
            682 306.

            BY ADVS.
            V.M.KRISHNAKUMAR
            P.R.REENA



RESPONDENT:

     1      THE REVENUE DIVISIONAL OFFICER,
            CIVIL STATION, FORT KOCHI, ERNAKULAM DISTRICT, PIN
            - 682 001.

     2      THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY THE CONVENOR, AGRICULTURAL OFFICER,
            KRISHIBHAVAN,MULAVUKAD, ERNAKULAM DISTEICT, PIN -
            682 504.

     3      THE AGRICULTURAL OFFICER,
            KRISHIBHAVAN, MULAVUKAD, ERNAKULAM DISRTICT, PIN -
            682 504.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.12.2023,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C.No.43446/23                          2

                                 JUDGMENT

The petitioner has approached this Court seeking following

reliefs:

"i) Issue a writ in the nature of mandamus commanding the 1st respondent to consider and pass order on Ext.P4 application within such time as may be fixed by this Hon'ble Court.

ii) Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

iii) Award cost of this proceedings to the petitioner.

iv) Dispense with filing of the translation of vernacular documents produced as exhibits in the writ petition."

2. The grievance highlighted by the petitioner is that, the

property owned and possessed by the petitioner, was wrongly

described as "nilam" in the data bank prepared under the

provisions of Kerala Conservation of Paddy Land and Wetland

Act. To rectify the mistake the petitioner has submitted an

application in Form-5 as evidenced by Ext.P4. The same was

received on file, on 02.08.2022 and the same is pending

consideration before the 1st respondent. The limited prayer

sought is to direct the 1st respondent to pass appropriate orders

thereon.

After hearing all the parties concerned, this writ petition is

disposed of directing the 1 st respondent to take up Ext.P4 and

pass appropriate orders thereon in accordance with law as

expeditiously as possible, within a period of three months from

the date of receipt of copy of this judgment. It is clarified that, it

shall be open for the petitioner to submit argument notes with

necessary documents in support of his contentions.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/21.12.23

APPENDIX OF WP(C) 43446/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE PROPERTY OF THE PETITIONER FOR THE YEAR 2022-23 DATED 28.06.2022

Exhibit P2 TRUE COPY OF THE LETTER DATED 03.03.2018 SENT BY THE 3RD RESPONDENT TO THE CO- OWNER GAYATHRI BAIJU

Exhibit P3 TRUE COPY OF THE DEMAND DRAFT EVIDENCING PAYMENT OF RS.1500/- FOR OBTAINING THE REPORT OF THE KSREC

Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION DATED 02.08.2022 SUBMITTED BY THE PETITIONER AND GAYATHRI BAIJU BEFORE THE 1ST RESPONDENT