Mathew Joseph @ Mathew Kakkassery vs Revenue Divisional Officer, Fort ...
2023 Latest Caselaw 5518 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                       WP(C) NO. 14937 OF 2023
PETITIONER:

               MATHEW JOSEPH @ MATHEW KAKKASSERY
               AGED 39 YEARS
               S/O. MATHAPPAN JOSEPH
               A 203, SURYA KIRAN, PLOT NO.12 AND 13,
               SECTOR 5, GHANSOLI, GHANSOLI P.O,
               PIN - 400 701, NAVI MUMBAI,
               NOW RESIDING AT KAKKASSERY, FLAT NO.15 F,
               LAVENDER, SKYLINE RIVERDALE,
               KOTTAKAKOM, TRIPUNITHURA,
               ERNAKULAM DISTRICT, PIN - 682 301.

               BY ADV T.K.AJITHKUMAR (VALATH)


RESPONDENTS:

    1          REVENUE DIVISIONAL OFFICER, FORT KOCHI
               OFFICE OF THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI, PIN - 682 001.
    2          LOCAL LEVEL MONITORING COMMITTEE OF
               KOCHI MUNICIPAL CORPORATION
               REPRESENTED BY THE CONVENER/AGRICULTURAL
               OFFICER, LOCAL LEVEL MONITORING COMMITTEE,
               1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING
               COMPLEX, VYTTILA P. O, PIN - 682 019.
    3          AGRICULTURAL OFFICER
               LOCAL LEVEL MONITORING COMMITTEE,
               1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING
               COMPLEX, VYTTILA P. O, PIN - 682 019.

               SMT. PREETHA K.K - SR. GP




        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   02.05.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.14937 OF 2023

                               2




                           JUDGMENT

The petitioner is the owner in possession of

3.72 Ares of land comprised in Sy. No.833/3-14 of

Elamkulam Village, Kanayannur Taluk. The

petitioner confines his prayer for an expeditious

consideration of Ext.P3 application in Form No.5

under the proviso to Rule 4(d) of the Kerala

Conservation of Paddy Land and Wetland Rules,

2008, seeking to convert the nature of his property

in the revenue records. According to the petitioner,

the said land was converted to dry land 25 years

back and the surrounding lands are also dry lands

with commercial and residential buildings.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader.

In the facts and circumstances of the case and WP(C).No.14937 OF 2023

having regard to the submissions made across the

Bar and without expressing any view on the merits

of the matter, this writ petition is disposed of

directing the RDO/1st respondent to consider Ext.P3

application (Form No.5), 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

four months from the date of receipt of a copy of this

judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.14937 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 3-4-2023 ISSUED FROM THE ELAMKULAM VILLAGE OFFICE.

EXHIBIT P2 THE RELEVANT PAGES OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT WITH RESPECT TO THE INCLUSION OF PROPERTY AS DRYLAND COVERED BY EXHIBIT P1.

      EXHIBIT P3         THE TRUE COPY OF THE APPLICATION
                         DATED   28-2-2022   IN    FORM   NO.5,

SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 THE RECEIPT DATED 28-02-2022 FOR PAYMENT OF THE STATUTORY FEE FOR EXHIBIT P3 ISSUED FROM THE OFFICE OF THE ELAMKULAM VILLAGE.

RESPONDENTS EXHIBITS: NIL.