K .Selavan vs Revenue Divisional Officer
2023 Latest Caselaw 2775 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                          WP(C) NO.6808 OF 2023
PETITIONERS :-

      1      K. SELAVAN, AGED 66 YEARS
             S/O. LATE KESAVAN, KURUPPATH VEEDU,
             KALLEPPULLY POST, PALAKKAD, PIN - 678 005

      2      K. SAJENDRAN, AGED 59 YEARS
             S/O. LATE KESHAVAN, KURUPPATH VEEDU,
             KALLEPPULLY POST, PALAKKAD, PIN - 678 005

             BY ADVS.
             K.P.SUDHEER
             P.ANIRUDHAN


RESPONDENTS :-

      1      REVENUE DIVISIONAL OFFICER
             PALAKKAD, REVENUE DIVISIONAL OFFICE,
             PALAKKAD, PIN - 678 000

      2      THE AGRICULTURAL OFFICER
             VKRISHI BHAVAN, MARUTHA ROAD,
             PALAKKAD, PIN - 678 005

             BY SMT.PARVATHY.K, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.03.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.6808 OF 2023

                                 -: 2 :-


                              JUDGMENT

Dated this the 1st day of March, 2023

The 1st petitioner is the owner in possession of 50.99 and

42.90 Ares of land in Survey Nos.409/15 and 408/6 and the 2nd

petitioner is the owner of 93.89 Ares of land in Survey

No.409/14 of Marutharoad Village in Palakkad Taluk of

Palakkad District. The petitioners confine their relief for an

expeditious consideration of Exts.P4 and P5 applications in

Form No.5 under the provisions of the Kerala Conservation of

Paddy land and Wetland Act, 2008, seeking deletion of entry

relating to the subject property from the data bank. It is

submitted that the applications have been duly received and

forwarded for report of the 2nd respondent as evidenced by

Exts.P6 and P7. According to the petitioners, their properties

are not suitable for paddy cultivation and have been

erroneously included in the data bank.

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

consider Exts.P4 and P5 applications (Form No.5), if received WP(C) NO.6808 OF 2023

and pending, 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 three months from the date of receipt of a

copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/6.3.2023 WP(C) NO.6808 OF 2023

APPENDIX OF WP(C) 6808/2023

PETITIONER EXHIBITS

EXHIBIT P 1 TRUE COPY OF PARTITION DEED DATED 16.07.2016 REGISTERED AS DOC. NO. 3777/2016 OF PALAKKAD SRO.

EXHIBIT P 2 TRUE COPY OF POSSESSION CERTIFICATE NO. 51826215 DATED 8.11.2020 ISSUED BY THE VILLAGE OFFICER, MARUTHAROAD VILLAGE OFFICE TO THE 1ST PETITIONER.

EXHIBIT P 3 TRUE COPY OF POSSESSION CERTIFICATE NO. 45034324 DATED 29.12.2019 ISSUED BY THE VILLAGE OFFICER, MARUTHAROAD VILLAGE OFFICE TO THE 1ST PETITIONER.

EXHIBIT P 4 TRUE COPY OF APPLICATION DATED 25.11.2020

BEFORE THE 1ST RESPONDENT.

EXHIBIT P 5 TRUE COPY OF APPLICATION DATED 25.11.2020

BEFORE THE 1ST RESPONDENT.

EXHIBIT P 6 TRUE COPY OF LETTER NO. EC 3308/20 DATED 25.11.2020 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P 7 TRUE COPY OF LETTER NO. EC 3310/20 DATED 25.11.2020 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT.