Kerala High Court
E.M.Raju vs State Of Kerala on 4 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 25539 OF 2015
PETITIONER/S:
E.M.RAJU
AGED 46 YEARS
S/O. E.V MATHEW,EDATTUKARAN HOUSE,
VARANDARAPPILLY,TRICHUR DISTRICT
BY ADVS.
SRI.T.M.CHANDRAN
SRI.S.SUJITH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPRUAM 695 001
2 THE AGRICULTURAL OFFICER
NANDIPALAM P.O, TRICHUR 680 319
3 LOCAL LEVEL MONITORING COMMITTEE
VARANDARAPPILLY REPRESENTED BY CONVENER AND
AGRICULTURAL OFFICER,P.O NANDIPURAM,TRICHUR 680 312
4 THE VILLAGE OFFICER
VARANDARAPPILLY,TRICHUR 680 303
5 *ADDL. R5 REVENUE DIVISIONAL OFFICER
LRINJALAKUDA, TRICHUR * ADDL. R5 IS IMPLEADED AS PER
ORDER DATED 04/06/2024 IN IA.1/2024
BY ADVS.
SRI. V.K. SUNIL, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.p (C) No.25539/2015 -2-
JUDGMENT
The petitioner is the owner of 12.085 cents of land comprised in Sy.
No.289/1 of Varandarappilly Village of Trichur District. The petitioner is
aggrieved by the fact that the said land has been wrongly descried as 'paddy
land' in the 'data bank' prepared under the provisions of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 (the 2008 Act). As a
result of which he has been refused to a building permit for the construction
of a residentail building.
2. The petitioner has preferred an application in Form -V in terms of
the proviso to Section 5 (4) of the 2008 Act. A copy of the said application has
been placed on record together with I.A No.3/2024. Though it is sought to be
marked as Ext.P18, it is seen that the petitioner has produced exhibits upto
Ext.P21 along with pleadings in the writ petition.
3. The learned counsel for the petitioner would submit that I.A.
No.1/2024 is an application to implead the 5 th respondent in the I.A.
(Revenue Divisional Officer, Irinjalakuda) as additional 5 th respondent to the
writ petition. It is submitted that I.A. No.2/2024 is filed seeking a direction to
the additional 5th respondent to consider and pass orders on the Form-V
application. It is submitted the I.A. No.3/2024 is an application to accept the
Form-V application on record. It is submitted that the petitioner will
presently be satisfied if a direction to the 5 th respondent to consider and pass
orders on the Form -V application in accordance with the law within a time
frame.
4. Having heard the learned counsel for the petitioner and learned
Government Pleader and having regard to the facts and circumstances of the
case, this writ petition will stand disposed of directing the additional 5 th
respondent to consider and pass orders on Form-V application filed under the
proviso to Section 5 (4) of the 2008 Act and pass orders thereon within a
period of 3 months from the date of receipt of a certified copy of this
judgment. As already noted above, the Form-V application is marked as
Ext.P18 along with I.A. No.3/2024. The petitioner is free to raise all
contentions before the 5th respondent. I make it clear that I have not
expressed any opinion on the merits of the matter.
The writ petition will stand disposed of accordingly.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 25539/2015
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ASSIGNMENT DEED NO 3400/1/10 DATED
12-11-2010 OF KODALI SRO
Exhibit P2 TRUE COPY OF ASSIGNMENT DEED NO 3449/2010 DATED
16-11-2010 OF KODALI SRO
Exhibit P3 TRUE COPY OF GAZETTE NOTIFICATION DATED 14/12/2009
Exhibit P4 TRUE COPY OF APPLICATION DATED 10-07-2013
SUBMITTED BEFORE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF PHOTOGRAPH SHOWING THE LIE AND NATURE
OF PROPERTY
Exhibit P6 TRUE COPY OF LETTER DATED 6-09-2013
Exhibit P7 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER
Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY
AGRICULTURAL OFFICER AND VILLAGE OFFICER
Exhibit P9 TRUE COPY OF PETITION DATED 1/11/2012
Exhibit P10 TRUE COPY OF PETITION DATED 13/1/2014
Exhibit P11 TRUE COPY OF JUDGMENT IN WP(C) NO.23752/2013 ALONG
WITH LETTER DATED 18/8/2014
Exhibit P12 TRUE COPY OF LETTER DATED 29/9/2014 ALONG WITH THE
MINUTES OF THE COMMITTEE DATED 20/9/2014
Exhibit P13 TRUE COPY OF PETITION DATED 7/10/2014
Exhibit P14 TRUE COPY OF DECISION DATED 16/6/2015
Exhibit P15 TRUE COPY OF TAX RECEIPT DATED 17/3/2007
Exhibit P16 TRUE COPY OF LICENSE DATED 3/1/2013
Exhibit P17 TRUE COPY OF LETTER DATED 23/6/2015 SERVED TO THE
PETITIONER
Exhibit P18 TRUE COPY OF THE RELEVANT PORTION OF THE LAND
IDENTIFICATION DETAIL
*Exhibit P18. TRUE COPY OF THE APPLICATION DATED 19/9/2023 IN
FORM NO.5 UNDER RULE 4 (D) OF THE KERALA
CONSERVATION OF PADDY LAND & WET LAND RULES FILED
BY THE PETITIONER BEFORE THE ADDITIONAL RESPONDENT
NO.5. *(EXT.P18 IS PRODUCED ALONG WITH IA
NO.3/2024)
Exhibit P19 TRUE COPY OF DETAILS REGARDING DATA BANK WITH
RESPECT TO THE PROPERTY ISSUED ON 30/11/2015
Exhibit P20 TRUE COPY OF THE RELEVANT PORTION WITH RESPECT TO
THE DETAILS REGARDING FILLING UP OF PROPERTY
Exhibit P21 TRUE COPY OF THE DETAILS FROM THE DATA BANK.
RESPONDENT EXHIBITS
Exhibit R2 A TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR
DATED 20/3/2012
