Muthuswami vs Revenue Divisional Officer
2023 Latest Caselaw 3199 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                        WP(C) NO. 10173 OF 2023
PETITIONER:

          MUTHUSWAMI
          AGED 57 YEARS
          S/O PALANI SWAMI, , NIYATHI HOUSE, KOTTAPURAM DESOM,
          POOTHOLE PO, THRISSUR TALUK, THRISSUR DT., PIN - 680004

          BY ADVS.
          SHOBY K.FRANCIS
          AGI SHOBY



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER
          OFFICE OF THE RDO, COLLECTORATE, AYYANTHOLE PO,
          THRISSUR, PIN - 680003

    2     TAHSILDAR/ADDL.TAHSILDAR
          THRISSUR TALUK, TALUK OFFICE, CHEMBUKKAVU PO, THRISSUR,
          PIN - 680020

    3     VILLAGE OFFICER
          NADATHARA VILLAGE, NADATHARA PO, THRISSUR DT., PIN -
          680751

    4     AGRICULTURAL OFFICER [CONVENER, LLMC]
          KRISHI BHAVAN NADATHARA, NADATHARA PO, THRISSUR, PIN -
          680751

    5     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVT.
          REVENUE DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001


          BY SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.10173 OF 2023

                                      2




                        ANU SIVARAMAN, J.
                =========================
                     W.P.(C) No.10173 of 2023
                =========================
                 Dated this the 23rd day of March, 2023

                               JUDGMENT

Petitioner is the owner of an extent of 13.64

Ares of land in Survey No.182/12 of Block No.69 in

Nadathara Village in Thrissur Taluk of Thrissur District. It

is submitted that the property of the petitioner is lying

as dry land and the same is not suitable for paddy

cultivation and is not included in the data bank.

Petitioner confines his relief for an expeditious

consideration of Exhibit P3 application in Form No.6 as

under Section 27A of the Kerala Conservation of Paddy

land and Wetland Act, 2008, seeking permission for use

of land for other purposes.

2. Having heard the learned Government Pleader

also and without expressing any view on the merits of WP(C) NO.10173 OF 2023

the matter, this writ petition is disposed of directing the

1st respondent to take up the application, consider and

pass orders on the same, after considering all relevant

aspects of the matter and after verifying the data bank

and obtaining all necessary inputs including the report of

the Village Officer. Petitioner shall produce a copy of the

writ petition along with a copy of the judgment before

the 1st respondent for compliance. The entire

proceedings shall be completed within a period of three

months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/23/03 WP(C) NO.10173 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:

Exhibit P-1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 12-10-2022 WITH NO. KL08016306060/ 2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P-2 A TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFICATION OF THE DATA BANK DATED 21-1-2021 OF THE NADATHARA GRAMA PANCHAYATH FOR THE NADATHARA KRISHI BHAVAN PUBLISHED IN THE KERALA GAZETTE

Exhibit P-3 A TRUE COPY OF THE FORM 6 APPLICATION DATED 12- 11-2022 WITH APPLICATION NO. 13/2022/923195 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

Exhibit P-4 A TRUE COPY OF THE RECEIPT DATED 14-11-2022 WITH NO. KL08016306586/2022 ISSUED BY THE 3RD RESPONDENT

Exhibit P-5 A TRUE COPY OF THE APPLICATION STATUS OF THE PETITIONER DATED NIL WITH APPLICATION NO. 13/2022/923195 SHOWN IN THE WEBSITE OF THE REVENUE DEPARTMENT