Ramla vs The Revenue Divisional Officer ...
2023 Latest Caselaw 2981 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                             WP(C) NO. 8463 OF 2023
PETITIONER:

              RAMLA,
              AGED 40 YEARS
              WIFE OF HASSAN, CHERUPURAM, METHALA P.O., ASAMANNOOR
              VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN -
              683545

              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER (R.D.O.)
              MUVATTUPUZHA, PATTIMATTOM - MUVATTUPUZHA RD, ERNAKULAM
              DISTRICT, PIN - 686673

     2        THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER
              THE PROVISIONS OF KERALA CONSERVATION OF PADDY LAND AND
              WET LAND ACT 2008
              ASAMANNOOR GRAMA PANCHAYATH, ERNAKULAM DISTRICT,
              REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI
              BHAVAN, ASAMANNOOR, ERNAKULAM DISTRICT, PIN - 683540

     3        AGRICULTURAL OFFICER
              KRISHI BHAVAN, ASAMANNOOR, ERNAKULAM DISTRICT, PIN -
              683540

              SRI.JAYAN-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8463 OF 2023                   2




                                    JUDGMENT

Dated this the 13th day of March, 2023

Petitioner is the owner in possession of 4.05 Ares of

land in Survey No.416/9-2-2-2 of Asamannoor Village in

Kunnathunadu Taluk of Ernakulam District. Petitioner confines

her relief for an expeditious consideration of Exts.P6 and 7

applications in Form Nos.5 and 6 respectively under the Kerala

Conservation of Paddy land and Wetland Act, 2008, seeking

deletion of entry relating to the subject property from the data

bank and seeking permission for use of land for other purposes.

According to the petitioner, the property is a purayidom and has

been erroneously included in the data bank.

2. 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 initially

consider Form No.5 application, after obtaining and verifying the

relevant materials and reports from the Agricultural Officer. If

orders are passed excluding the property from the data bank,

then, Form No.6 application shall also be taken up for

consideration and appropriate orders shall be passed thereon

after considering all relevant aspects of the matter. Entire

proceedings shall be completed within a period of three months

from the date of receipt of a copy of this judgment. The RDO shall

consider all relevant matters and shall obtain reports from the

concerned Village Officer as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 8463/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE TAX RECEIPT DATED 17.8.2021 ISSUED BY THE VILLAGE OFFICER, ASAMANNOOR VILLAGE

Exhibit- P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.12.2022 ISSUED BY THE VILLAGE OFFICER, ASAMANNOOR VILLAGE

Exhibit- P3 TRUE COPY OF THE COMMUNICATION DATED 4.11.2022 ISSUED BY THE THIRD RESPONDENT

Exhibit-P4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF ASAMANNOOR GRAMA PANCHAYATH

Exhibit-P5 TRUE PHOTOGRAPH OF THE PROPERTY OF PETITIONER WHICH IS THE SUBJECT MATTER OF THE WRIT PETITION

Exhibit- P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 30.8.2022 IN FORM 5 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT 2008

Exhibit- P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 30.12.2022 IN FORM 6 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT 2008