Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 6TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944 PETITIONERS :- 1 DIVIN, AGED 35 YEARS S/O.VARKEY, VATTAPPARAMBAN HOUSE, NAYATHODU P.O., 2 VARKEY, AGED 70 YEARS 3 JOSE, AGED 65 YEARS 4 PAPPACHAN, AGED 63 YEARS BY ADV MEREENA.J.JOSEPH RESPONDENTS :- 1 STATE OF KERALA REPRESENTED BY THE SECRETARY REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001 2 THE LAND REVENUE COMMISSIONER COMMISSIONERATE OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM - 695 033
3 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030 4 THE REVENUE DIVISIONAL OFFICER FORT KOCHI - 682 001 5 THE AGRICULTURAL OFFICER KRISHI BHAVAN, ANGAMALY P.O., ANGAMALY - 683 572 BY SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-
JUDGMENT
Dated this the 6th day of April, 2022 The 1st petitioner is the owner in possession of an extent of 2.94 Ares of property in Re-survey No.352/17/4, the 2 nd petitioner is the owner in possession of 2.93 Ares of land in Survey No.352/17/3, the 3rd petitioner is the owner in possession of 5.06 Ares of land in Survey No.352/17/5 and the 4 th petitioner is the owner in possession of 4.05 Ares of land in Survey No.352/17/6 of Angamaly Village in Aluva Taluk of Ernakulam District. The petitioners confine their relief for an expeditious consideration of Exts.P3 to P6 applications in Form No.5 and Exts.P7 to P10 applications in Form No.6 under the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. According to the petitioners, the properties are converted land and have been erroneously included in the data bank. Having heard the learned Government Pleader also and without expressing any view on the merits of the matter, this writ petition is disposed of directing the 4 th respondent to initially consider Exts.P3 to P6 applications in Form No.5, after obtaining -: 3 :- and verifying the relevant materials and reports from the Agricultural Officer. If orders are passed excluding the properties from the data bank, then, Exts.P7 to P10 applications in Form No.6 shall also be taken up for consideration and appropriate orders shall be passed. The RDO shall consider all relevant matters and shall obtain reports from the concerned Village Officer as well. The entire proceedings shall be completed within a period of four months from the date of receipt of a copy of this judgment. Sd/- ANU SIVARAMAN JUDGE Jvt/13.4.2022 -: 4 :- APPENDIX OF WP(C) 4523/2022 PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE DECISION TAKEN BY THE L.L.M.C
DATED 07/12/2018 SIGNED BY THE AGRICULTURAL FIELD OFFICER IN RESPECT OF THE PROPERTIES COVERED BY SY.NO.352/17 BLOCK 12 ANGAMALY VILLAGE IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P1 FOR Exhibit2 THE 3RD PETITIONER ALSO HAD APPROACHED THE
L.L.M.C FOR CORRECTION AND DELETING THE ENTRY OF THE PROPERTY FROM THE DATA BANK WHICH WAS ALLOWED BY THE L.L.M.C.A TRUE COPY OF THE DECISION TAKEN BY THE L.L.M.C DATED 07/12/2018 SIGNED BY THE AGRICULTURAL FIELD OFFICER IN RESPECT OF THE 3RD PETITIONERS PROPERTY IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P2 FOR REFERENCE
Exhibit3 A TRUE COPY OF THE APPLICATION FILED BY THE 1STPETITIONER UNDER FORM 5 DATED 15/11/2021 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P3 FOR Exhibit4 A TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER UNDER FORM 5 DATED 15/11/2021 IS PRODUCED HEREWITH AND MAY BE MARKED AS EXHIBIT- P4FOR REFERENCE. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 16/11/2021 IS PRODUCED AND MAY BE MARKED AS EXHIBIT- P4(A)FOR REFERENCE Exhibit5 A TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE 3RD PETITIONER DATED 15/11/2021 IS PRODUCED HERE WITH AND MAY BE MARKED AS EXHIBIT-P5FOR REFERENCE.A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 16/11/2021 IS PRODUCED AND MAY BE MARKED AS EXHIBIT- P5(A) FOR REFERENCE. Exhibit6 A TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE 4TH PETITIONER DATED 15/11/2021 IS PRODUCED HERE WITH AND MAY BE MARKED AS EXHIBIT-P6FOR REFERENCE. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 16/11/2021 IS PRODUCED AND MAY BE -: 5 :- MARKED AS EXHIBIT- P6(A)FOR REFERENCE. Exhibit7 THE FORM 6 APPLICATION FILED BY THE 1STPETITIONER MARKED AS EXHIBIT-P7FOR REFERENCE. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 10/01/2022 IS PRODUCED AND MAY BE MARKED AS EXHIBIT- P7(A)FOR Exhibit8 THE FORM 6 APPLICATION FILED BY THE 2NDPETITIONER MARKED AS EXHIBIT- P8FOR REFERENCE. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 10/01/2022 IS PRODUCED AND MAY BE MARKED AS EXHIBIT- P8(A)FOR Exhibit9 THE FORM 6 APPLICATION FILED BY THE 3RDPETITIONER MARKED AS EXHIBIT- P9FOR REFERENCE. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 10/01/2022 IS PRODUCED AND MAY BE MARKED AS EXHIBIT- P9(A)FOR Exhibit10 THE FORM 6 APPLICATION FILED BY THE 4THPETITIONER DATED 15/01/2022 IS PRODUCED HEREWITH AND MAY BE MARKED AS EXHIBIT- P10FOR REFERENCE. A TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 17/01/2022 IS PRODUCED AND MAY BE MARKED AS EXHIBIT- P10(A)FOR