Disposed

M/S. Issac Peter & Company (P) Ltd. v. State of Kerala

Kerala HC14 Nov 2022WP(C)/13472/2022

Case brief

AI extract

What is this about?

This writ petition challenged the inaction of the Revenue Divisional Officer regarding two applications filed by the petitioner land owner. The Court disposed of the petition by fixing a two-month time limit for the Revenue Divisional Officer to decide the Form-5 application, with a further two-month period linked to the decision on the Form-6 application.

What did the court decide?

The 3rd respondent (Revenue Divisional Officer) to decide Ext.P5 (Form-5) application within two months and Ext.P3 (Form-6) application within a further two months thereafter.

M/S. Issac Peter & Company (P) Ltd. Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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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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MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
WP(C) NO. 13472 OF 2022

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PETITIONER

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M/S. ISSAC PETER & COMPANY (P) LTD
AGED 71 YEARS
DOOR NO 41/52
KUREETHADAM BUILDINGS,
ST ALBERTS COLLEGE ROAD,
ERNAKULAM - 62018
REPRESENTED BY ITS MANAGING DIRECTOR
SRI. ISSAC JOSE
PIN – 682018

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BY ADVS.
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
SUZANNE KURIAN
CIMIL CHERIAN KOTTALIL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001

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2 DISTRICT COLLECTOR CIVIL STATION, KAKKANADU, ERNAKULAM PIN - 682021

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3 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE FORT KOCHI, ERNAKULAM DISTRICT -682001 PIN – 682001

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WP(C) NO.13472 OF 2022

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4THAHASILDAR
KANAYANNUR TALUK OFFICE
ERNAKULAM
PIN - 682011
5VILLAGE OFFICER
VILLAGE OFFICE
THRIKKAKARA NORTH,
THRIKAKARA
ERNAKULAM DISTRICT
PIN - 682030
6LOCAL LEVEL MONITORING COMMITTEE
KALAMASSERY MUNICIPALITY
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER,
KRISHI BHAVAN,
KALAMASSERY
ERNAKULAM DISTRICT
PIN – 683104
SMT.DEEPA NARAYANAN – SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.13472 OF 2022

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JUDGMENT

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Dated this the 14^th day of November, 2022

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The petitioner-Company, which owns 19.80 Ares of land in Re-Survey Nos.662/1-3 and 662/5-2 in Block No.5 of Thrikkakkara North Village of Kanayannur Taluk in Ernakulam District, has approached this Court seeking to direct the 3^rd respondent-Revenue Divisional Officer to consider and pass orders on Exts.P3 and P5 applications, within a time frame.

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The petitioner states that the petitioner is owner of 19.80 Ares of land in Re-Survey Nos.662/1-3 and 662/5-2 in Block No.5 of Thrikkakkara North Village of Kanayannur Taluk in Ernakulam District. The land is a garden land. However, it has been described as ‘Nilam’ in Revenue records.

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The petitioner would state that the property of the petitioner is not a paddy land and is not suitable for paddy cultivation. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P5 application in

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WP(C) NO.13472 OF 2022

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Form-5, invoking the provisions of Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 for removing the land from the Data Bank. The petitioner also submitted Ext.P3 application in Form-6 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 to make necessary changes in the nature of land in Revenue records. Form 5 application was filed on 21.07.2022 and Form 6 application was filed on 17.01.2022. The applications are not disposed of so far. Unless the applications are considered expeditiously, the petitioner will be put to untold hardship and loss, contends the petitioner.

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The Government Pleader representing the respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner, in the writ petition. The Government Pleader, however, submitted that since the petitioner has invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and

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WP(C) NO.13472 OF 2022

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5

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Wetland Act, 2008, the applications submitted by the petitioner can be considered by the competent authority in accordance with law, provided the applications are received, are complete in all respects and are supported by all necessary documents.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

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The petitioner is owner of 19.80 Ares of land in Re-Survey Nos.662/1-3 and 662/5-2 in Block No.5 of Thrikkakkara North Village of Kanayannur Taluk in Ernakulam District. According to the petitioner, the land is not a paddy land or wetland. In order to use the land for other purposes, the petitioner has submitted Ext.P5 application for removal of the land from the Data Bank and Ext.P3 application for change of nature of the land in Revenue records.

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Exts.P5 and P3 applications are made by the petitioner invoking the provisions contained in the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the

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WP(C) NO.13472 OF 2022

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Rules made thereunder. As the petitioner has invoked statutory remedies, the competent authority, namely the 3^rd respondentRevenue Divisional Officer, is bound to consider the applications within a reasonable time and take a decision thereon, in accordance with law.

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In the facts of the case, the writ petition is disposed of directing the 3^rd respondent-Revenue Divisional Officer to consider Ext.P5 Form-5 application and take a decision thereon, within a period of two months. Depending upon the outcome of Ext.P5 application, the 3^rd respondent-Revenue Divisional Officer shall pass orders on Ext.P3 Form-6 application, within a further period of two months.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.13472 OF 2022

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APPENDIX OF WP(C) 13472/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 15.12.2021 ISSUED BY THE 5TH
RESPONDENT.

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Exhibit P2TRUE COPY OF THE FINAL DATA BANK
PUBLISHED BY THE 6TH RESPONDENT.
Exhibit P3TRUE COPY OF THE APPLICATION DATED
17.01.2022 IN FORM 6 ALONG WITH ITS
RECEIPT.
Exhibit P4TRUE COPY OF THE CHALLAN SHOWING THE
PAYMENT OF FEES.
EXHIBIT P5A TRUE COPY OF THE APPLICATION DATED
21.07.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
EXHIBIT P5(A)A TRUE COPY OF THE RECEIPT DATED
21.07.2022 ISSUED BY THE 5TH
RESPONDENT, ACKNOWLEDGING THE RECEIPT
OF EXT.P5 APPLICATION

M/S. Issac Peter & Company (P) Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

M/S. Issac Peter & Company (P) Ltd. v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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