Sivadasan vs Revenue Divisional Officer/ Sub ...
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Kerala High Court

Sivadasan vs Revenue Divisional Officer/ Sub ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                       WP(C) NO. 14520 OF 2024
PETITIONER:

            SIVADASAN, AGED 79 YEARS, S/O BAVA,
            KULATHINKAL HOUSE, THAMMANAM PO,
            ERNAKULAM DT., PIN - 682032.

            BY ADVS.SHOBY K.FRANCIS
            AGI SHOBY


RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR,
            OFFICE OF THE RDO, FORT KOCHI,
            P O COCHIN, ERNAKULAM DT., PIN - 682001.

    2       TAHSILDAR/ADDL. TAHSILDAR [LAND RECORDS] ,
            KANAYANNUR TALUK, TALUK OFFICE,
            ERNAKULAM, PIN - 682011.

    3       VILLAGE OFFICER, ELAMKULAM VILLAGE,
            GANDHI NAGAR, KADAVANTHRA PO,
            ELAMKULAM, ERNAKULAM DT, PIN - 682020.

    4       LOCAL LEVEL MONITORING COMMITTEE [LLMC]-
            (WITHIN THE LOCAL LIMITS OF COCHIN CORPORATION),
            REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
            KRISHI BHAVAN, NEAR COCHIN CORPORATION,
            ERNAKULAM DT., PIN - 682011.

    5       AGRICULTURAL OFFICER, KRISHI BHAVAN,
            NEAR COCHIN CORPORATION,
            ERNAKULAM DT., PIN - 682011.

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

            SRI SREEJITH V S, GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14520 OF 2024
                                      -2-

                                JUDGMENT

The petitioner is the absolute owner of

10.96 Ares of land in survey No.456/3 of

Elamkulam Village in Kanayannur Taluk in

Ernakulam District. He has approached this Court

seeking a direction to the 1st

respondent/Revenue Divisional Officer to

consider and pass orders on Ext.P3, Form-6

application filed under the Kerala Conservation

of Paddy Land and Wetland Rules, 2008.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader.

In the facts and circumstances of the case

and taking into consideration that Ext.P3 is a

statutory application, this writ petition is

disposed of with a direction to the 1 st

respondent/RDO to consider and pass orders

thereon, in accordance with law, as WP(C) NO. 14520 OF 2024

expeditiously as possible, at any rate, within a

period of four months from the date of receipt

of a copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE akv WP(C) NO. 14520 OF 2024

APPENDIX OF WP(C) 14520/2024

PETITIONER EXHIBITS

EXHIBIT P-1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 30-6-2023 ISSUED BY 3RD RESPONDENT WITH NO. KL O70223

EXHIBIT P-2 A TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT IN ORDER NO. 5707/2024 DATED 2-3-2024

EXHIBIT P-3 A TRUE COPY OF THE FORM 6 APPLICATION DATED 14-3-2024 SUBMITTED BY PETITIONER TO CHANGE THE STATUS OF THE PROPERTY HAVING AN EXTENT OF 9.83 ARS OF LAND COMPRISED IN SURVEY NO. 456/3 OF ELAMKULAM VILLAGE, THE 1ST RESPONDENT

EXHIBIT P-4 A TRUE COPY OF THE SURVEY SKETCH DATED NIL PREPARED BY THE LICENSED SURVEYOR WITH RESPECT TO THE PETITIONER'S PROPERTY