Kerala High Court
Saraswathy.K.V vs State Of Kerala on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 35052 OF 2023
PETITIONER/S:
SARASWATHY.K.V.,AGED 63 YEARS
W/O.VINAYA CHANDRAN (LATE),
KALLUTHARA HOUSE,
KAZHUTHUMUTTU, MUNDENVELY POST,
ERNAKULAM.,PIN - 682507
BY ADV AVANEESH KOYIKKARA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, CIVIL STATION,
KAKKANAD POST, ERNAKULAM DISTRICT.,
PIN - 682030
3 REVENUE DIVISIONAL OFFICER, FORT KOCHI
REVENUE DIVISIONAL OFFICE, KB JACOB RD,
FORT KOCHI, KOCHI HEAD POST, ERNAKULAM.,
PIN - 682001
4 TAHSILDAR, KOCHI TALUK OFFICE,
KB JACOB RD, FORT KOCHI, ERNAKULAM.,
PIN - 682001
5 VILLAGE OFFICER
VILLAGE OFFICE, RAMESWARAM,
PULLARDESHAM ROAD, PULLURUTHY,
ERNAKULAM., PIN - 682006
6 LOCAL LEVEL MONITORING COMMITTEE
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
KRISHI BHAVAN, COCHIN CORPORATION, VYTTILA ,
ERNAKULAM., PIN - 682019
WP(C) No.35052 of 2023 2
7 AGRICULTURAL OFFICER
KRISHI BHAVAN, COCHIN CORPORATION, VYTTILA ,
ERNAKULAM., PIN - 682019
OTHER PRESENT:
GP - SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.35052 of 2023 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.35052 of 2023
.................................................................
Dated this the 26th day of October, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the
3rd respondent to dispose of Ext.P4 application within a time frame
fixed by this Court.
2. Petitioner is the absolute owner and title holder of 2.95 Ares of
land in Block No.1 in Survey No.256/5-9 of Rameswaram Village in
Ernakulam District. Petitioner submits that the property was dry land at
the time of commencement of the Kerala Conservation of Paddy and
Wetland Act, 2008 and is continuing even now, but the said land was
wrongly included in the data bank. Thereupon petitioner filed Form 5
application for correction in the data bank register before the 3 rd
respondent Revenue Divisional Officer and pursuant to a direction
issued by this Court Ext.P3 order has been issued whereby the
property was removed from the data bank. Now the petitioner has filed
Ext.P4 application to change the nature of the land and for permitting
her to utilize the land as dry land.
3. Heard the learned Government Pleader also.
After hearing both sides, I am inclined to dispose of the writ
petition with a direction to the 3 rd respondent to consider and pass
orders on Ext.P4 application as expeditiously as possible, at any rate
within a period of four months from the date of receipt of a copy of the
judgment.
Writ Petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 35052/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT DATED
05.11.2022 ISSUED BY THE VILLAGE
OFFICER, RAMESWARAM.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE
DATED 19.03.2022 ISSUED BY THE VILLAGE
OFFICER, RAMESWARAM.
Exhibit P3 TRUE COPY OF THE ORDER IN FILE NO. K
19-8564/2022/K-DIS DATED 15.10.2022
ISSUED BY THE 3RD RESPONDENT.
Exhibit P4 A COPY OF THE FORM.6 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 24.02.2023.
Exhibit P4(a) A COPY OF THE FEE PAYMENT RECEIPT
DATED 24.02.2023 FOR RS.1,000/-.
