Kerala High Court
A P Venkitaraman vs The Revenue Divisional Officer ... on 2 November, 2024
2024:KER:81539
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 36397 OF 2024
PETITIONER:
JAMBUNADHAN PRIYA
AGED 51 YEARS
W/O. A.P VENKITARAMAN,
RESIDING AT SREAYAS,
VAIDYANATHAPURAM,
AMBIKAPURAM P.O,
PALAKKAD DISTRICT, PIN - 678011
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
ARUNDHATHI SURESH BABU
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER
PALAKKAD-II VILLAGE OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
3 THE AGRICULTURAL OFFICER FOR THE PALAKKAD
MUNICIPALITY
AGRICULTURE OFFICE, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678001
WP(C) Nos.36397, 36520, 36545, 36550/2024
2
2024:KER:81539
SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, ALONG WITH WP(C).36520/2024,
36545/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.36397, 36520, 36545, 36550/2024
3
2024:KER:81539
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
SATURDAY, THE 2ND DAY OF NOVEMBER 2024/11TH KARTHIKA, 1946
WP(C) NO. 36520 OF 2024
PETITIONER:
RADHA SREEKRISHNAN
AGED 60 YEARS
W/O. R SREEKRISHNAN, RESIDING AT CHATHAPURATH,
CHATHAPURAM, PUTHUR, KALPATHI P.O, PALAKKAD
DISTRICT, PIN - 678003
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
ARUNDHATHI SURESH BABU
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER
PALAKKAD-II VILLAGE OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
3 THE AGRICULTURAL OFFICER FOR THE PALAKKAD
MUNICIPALITY
AGRICULTURE OFFICE, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678001
WP(C) Nos.36397, 36520, 36545, 36550/2024
4
2024:KER:81539
SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, ALONG WITH WP(C).36397/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.36397, 36520, 36545, 36550/2024
5
2024:KER:81539
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
SATURDAY, THE 2ND DAY OF NOVEMBER 2024/11TH KARTHIKA, 1946
WP(C) NO. 36545 OF 2024
PETITIONER:
R SREEKRISHNAN
AGED 65 YEARS
S/O. N RAMACHANDRAN, RESIDING AT CHATHAPURATHU,
CHATHAPURAM, PUTHUR, KALPATHI P.O, PALAKKAD
DISTRICT, PIN - 678003
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
ARUNDHATHI SURESH BABU
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER
PALAKKAD-II VILLAGE OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
3 THE AGRICULTURAL OFFICER FOR THE PALAKKAD
MUNICIPALITY
AGRICULTURE OFFICE, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678001
WP(C) Nos.36397, 36520, 36545, 36550/2024
6
2024:KER:81539
SMT.AMMINIKUTTY.K,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, ALONG WITH WP(C).36397/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.36397, 36520, 36545, 36550/2024
7
2024:KER:81539
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
SATURDAY, THE 2ND DAY OF NOVEMBER 2024/ 11TH KARTHIKA, 1946
WP(C) NO. 36550 OF 2024
PETITIONER:
A P VENKITARAMAN
AGED 57 YEARS
S/O. A PARAMESWARA IYER,
RESIDING AT SREYAS,
VAIDYANATHAPURAM,
AMBIKAPURAM P.O,
PALAKKAD DISTRICT, PIN - 678011
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
BHARATH KRISHNAN G.
ARUNDHATHI SURESH BABU
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD
REVENUE DIVISIONAL OFFICE,
VIDYUT NAGAR, PARAKKUNNAM P.O,
PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER
PALAKKAD-II VILLAGE OFFICE,
VIDYUT NAGAR, PARAKKUNNAM P.O,
PALAKKAD DISTRICT, PIN - 678001
3 THE AGRICULTURAL OFFICER FOR THE
PALAKKAD MUNICIPALITY
AGRICULTURE OFFICE, PALAKKAD HEAD POST OFFICE,
PALAKKAD DISTRICT, PIN - 678001
WP(C) Nos.36397, 36520, 36545, 36550/2024
8
2024:KER:81539
SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, ALONG WITH WP(C).36397/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.36397, 36520, 36545, 36550/2024
9
2024:KER:81539
P.M. MANOJ, J
-----------------------------------
W.P.(C) Nos.36397, 36520, 36545 and 36550 of 2024
----------------------------------------------------------------
Dated this the 2nd day of November, 2024
JUDGMENT
The issues raised in both these writ petitions are similar;
hence, they are disposed of by a common judgment.
2. The petitioners are stated to be the owners of the
properties having various extents of land in Block No.151 of
Palakkad-II Village, Palakkad District. It is stated that the
properties are not included in the data bank. Therefore it is an
unnotified land as per the provisions of the Kerala Conservation
of Paddy Land and Wetland Act 2008. Accordingly, for utilizing
the said property for commercial purposes, the petitioners have
preferred Ext.P2 applications in Form-6 of the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008,
(for short, the Act and the Rules) seeking permission to use the
land for any other purposes.
3. The learned counsel for the petitioners submits that no
orders have been passed on the statutory applications so far.
WP(C) Nos.36397, 36520, 36545, 36550/2024
2024:KER:81539
4. I have heard learned counsel for the petitioners and the
learned Senior Government Pleader.
5. On considering the limited nature of the prayer in these
Writ Petitions, I am of the considered opinion that Form 6
applications shall be given a logical conclusion. For that purpose,
I direct the 2nd respondent Village Officer to submit a report to
the 1st respondent with respect to the property in question
within a period of two months from the date of receipt of a
certified copy of this judgment. In the event of receipt of such
report, the 1st respondent, who is the authorised officer under
Section 2(XVA) of the Act, shall consider and pass appropriate
orders on Ext.P2 applications within a further period of three
months thereafter.
The writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sss
WP(C) Nos.36397, 36520, 36545, 36550/2024
2024:KER:81539
APPENDIX OF WP(C) 36397/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 03.04.2024 ISSUED BY THE
SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED
10.04.2024 SUBMITTED IN FORM-6 BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
WP(C) Nos.36397, 36520, 36545, 36550/2024
2024:KER:81539
APPENDIX OF WP(C) 36545/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 05.05.2024 ISSUED BY
THE SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED
18.05.2024 SUBMITTED IN FORM-6 BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
WP(C) Nos.36397, 36520, 36545, 36550/2024
2024:KER:81539
APPENDIX OF WP(C) 36550/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID
RECEIPT DATED 15.04.2024 ISSUED BY THE
SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED
18.05.2024 SUBMITTED IN FORM-6 BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
WP(C) Nos.36397, 36520, 36545, 36550/2024
2024:KER:81539
APPENDIX OF WP(C) 36520/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 05.05.2024 ISSUED BY
THE SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED
18.05.2024 SUBMITTED IN FORM-6 BY THE
PETITIONER BEFORE THE FIRST RESPONDENT.
