Disposed

Biju Mathew Elambasserry v. Revenue Divisional Officer

Kerala HC1 Jul 2021WP(C)/9078/2021

Case brief

AI extract

What is this about?

This court disposed of the writ petition directing the Revenue Divisional Officer to consider the petitioner's application for altering the nature of land held, submitted in Form 6 under the Kerala Conservation of Paddy Land and Wetland Act, 2008, within two months.

What did the court decide?

Directive to the first respondent to consider the petitioner's Ext.P4 application in Form 6 within two months.

Biju Mathew Elambasserry 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 N.NAGARESH

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THURSDAY, THE 1^ST DAY OF JULY 2021 / 10TH ASHADHA, 1943

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WP(C) NO. 9078 OF 2021

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PETITIONERS:

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1 BIJU MATHEW ELAMBASSERRY, AGED 46 YEARS, S/O.MATHEW ELEMBASSERY VARUTHUNNY, PERMANENTLY RESIDING AT TANZEEL EBONY, FLAT NO.1A, CHEMBUMUKKU, THRIKKAKARA, ERNAKULAM, PIN-682021, REPRESENTED BY POWER OF ATTORNEY GIJU MATHEW, AGED 48 YEARS, S/O.E.V.MATHEW, PALAMATTATH HOUSE, VKV LANE, CHEMBUMUKKU, VAZHAKKALA, ERNAKULAM, PIN-682030. 2 RENCY JOSEPH, AGED 43 YEARS, W/O.BIJU MATHEW ELEMBASSERY, PERMANENTLY RESIDING AT TANZEEL EBONY, FLAT NO.1A, CHEMBUMUKKU, THRIKKAKARA, ERNAKULAM, PIN-682021, REPRESENTED BY POWER OF ATTORNEY GIJU MATHEW, AGED 48 YEARS, S/O.E.V.MATHEW, PALAMATTATH HOUSE, VKV LANE, CHEMBUMUKKU, VAZHAKKALA, ERNAKULAM, PIN-682030. BY ADVS. RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER, O/O.R.D.O, FORT KOCHI, ERNAKULAM-682001. 2 LOCAL LEVEL MONITORING COMMITTEE (LLMC), THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, THRIKKAKARA, KOCHI-682021. 3 TAHASILDAR (LR), TALUK OFFICE, KANAYANNUR TALUK, KOCHI-682304.

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WP(C) No.9078/2021

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: 2 :

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4 VILLAGE OFFICER, VAZHAKKALA VILLAGE, THRIKKAKARA P.O., KOCHI-682021. 5 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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GOVERNMENT PLEADER SMT.G.RANJITA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.9078/2021

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JUDGMENT

Dated this the 01^st day of July, 2021

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The petitioner has filed Ext.P4 application invoking

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the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, seeking to alter the nature of the land held by the petitioner. The petitioner submits that a direction may be given to the 1^st respondent to consider Ext.P4 in accordance with law and pass appropriate orders thereon. The learned counsel for the petitioner submits that the Local level Monitoring Committee has already decided to excluded the property in question from the Ext.P2 data bank.

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Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

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The Ext.P4 application is a Statutory application preferred under the provisions of the Rules made under the Kerala Conservation of Paddy Land and Wetland Act, 2008.

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WP(C) No.9078/2021

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: 4 :

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Therefore, the 1^st respondent is duty bound to consider such application within a reasonable time in accordance with law. In the said circumstances, the writ petition is disposed of directing the 1^st respondent to consider Ext.P4 application submitted by the petitioner in Form 6 within a period of 2 months, if Ext.P4 application is complete in all respects and is supported by requisite documents, if any.

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Sd/-

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N. NAGARESH JUDGE

WP(C) No.9078/2021

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APPENDIX OF WP(C) 9078/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LAND TAX RECEIPT
	EVIDENCING PAYMENT OF LAND TAX DATED 19.01.2021 BEARING NO.KL07021600879/2021.
EXHIBIT P2	TRUE PHOTOCOPY OF THE RELEVANT PAGES
	OF THE DATA BANK PREPARED FOR IN
	RESPECT OF PROPERTY OF THE PETITIONERS IN VAZHAKKALA VILLAGE OBTAINED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P3	TRUE PHOTOCOPY OF DECISION OF THE 2ND
	RESPONDENT (LLMC) DATED 14.01.2020
	EXCLUDING THE PROPERTY OF THE PETITIONERS FROM THE DATA BANK.
EXHIBIT P4	TRUE PHOTOCOPY OF THE APPLICATION DATED 18.06.2020 BEARING RECEIPT NO.2566 SUBMITTED TO THE OFFICE OF THE
	1ST RESPONDENT IN FORM-6 SUBMITTED
	BEFORE THE 1ST RESPONDENT.
EXHIBIT P5	TRUE PHOTOCOPY OF THE G.O. DATED 25.02.2021 BEARING NO.1166/2021/REV ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P6	TRUE PHOTOCOPY OF THE JUDGMENT DATED 22.03.2021 IN WP(C)NO.6827/2021.

Biju Mathew Elambasserry v. Revenue Divisional Officer

Case brief

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Biju Mathew Elambasserry v. Revenue Divisional Officer

Case brief

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