Disposed

Smitha Biju v. Revenue Divisional Officer

Kerala HC22 Feb 2021WP(C)/4471/2021

Case brief

AI extract

What is this about?

The petitioner, whose land is included in the Kerala CPWL Act data bank, filed applications for exclusion and change of land nature. The High Court directed the Revenue Divisional Officer to consider the Form-5 application within three months and subsequently address the Form-9 application.

What did the court decide?

Director Revenue Divisional Officer to consider Form-5 application for exclusion from data bank within three months of receiving the judgment.

Smitha Biju Vs Revenue Divisional Officer — Land Acquisition | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

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WP(C).No.4471 OF 2021(H)

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PETITIONER:

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1 SMITHA BIJU AGED 40 YEARS W/O. BIJU ANTONY, KAKKERIYIL HOUSE, P.O. KOCHI, MUNDAMVELI DESOM, PALLURUTHY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

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2 BIJU BERNARD AGED 52 YEARS S/O. GEORGE, MUTTUNGAL HOUSE, MOOLANKUZHY MURI, MUNDAMVELI P.O., RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

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BY ADVS. SRI.P.G.SURESH SMT.ASWATHY KRISHNAN

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER, KOCHI TALUK, KOCHI, ERNAKULAM DISTRICT-682001.

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2 TAHSILDAR, KOCHI TALUK OFFICE, KOCHI, ERNAKULAM DISTRICT-682001.

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3 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED THROUGH ITS CONVENER, KOCHI, ERNAKULAM DISTRICT-682001.

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BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.4471 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 22^nd day of February, 2021

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JUDGMENT

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The property of the petitioners having an extent of 7.20 Ares in Sy. No.78/2 of Edakochi village had been lying as a 'purayidom' at least since 1941, but it is included in the data bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (herein after referred to as “the Act”) as well as in the revenue records, laments the petitioners.

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The petitioners have filed an application (Ext.P6) under Form-5 of the Act seeking exclusion of the property from the data bank and also an application (Ext.P8) in Form-9 in terms of Section 27A of the Act for change of nature of land. Exts.P6 and P8 applications are pending consideration before the first respondent.

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Without expressing anything on merits, I dispose of this writ petition directing the first

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respondent to take up Ext.P6, the Form-5

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W. P. (C) No.4471 of 2021

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-: 2 :-

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application for consideration initially and pass appropriate orders thereon, on obtaining the relevant data. Thereafter, orders shall be passed on Ext.P8, the Form-9 application in the light of the orders on the Form-5 application. Let the exercise be completed within a period of 3 months from the date of receipt of a copy of this judgment.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

WP(C).No.4471 OF 2021(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE COPY OF THE ASSIGNMENT DEED NO. 196/2012 OF KOCHI SRO DATED 12/01/2012.
EXHIBIT P2	THE TRUE COPY OF THE DATA BANK PREPARED BY THE VILLAGE OFFICER DATED 13/06/2016.
EXHIBIT P3	A COPY OF THE MORTGAGE DEED NO. 1358/1117 (MALAYALAM ERA) EXECUTED IN THE YEAR 1941.
EXHIBIT P4	THE RELEASE DEED EXECUTED IN THE YEAR 1946 BY ONE OF THE SHAREHOLDERS.
EXHIBIT P5	THE RELEASE DEED EXECUTED IN THE YEAR 1964.
EXHIBIT P6	THE TRUE COPY OF THE FORM 5 APPLICATION FILED BEFORE THE REVENUE DIVISIONAL OFFICER DATED 22/01/2021.
EXHIBIT P7	THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 23/01/2021.
EXHIBIT P8	THE TRUE COPY OF THE FOR 9 APPLICATION FILED UNDER RULE 12(13) OF KERALA PADDY LAND AND WETLAND RULES, 2008 BEFORE THE 1ST RESPONDENT DATED 02/12/2020.
EXHIBIT P9	THE TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 03/12/2020.

Smitha Biju v. Revenue Divisional Officer

Case brief

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Smitha Biju v. Revenue Divisional Officer

Case brief

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