Disposed

Mohan Kuruvila v. State of Kerala

Kerala HC25 Aug 2022WP(C)/21739/2022

Case brief

AI extract

What is this about?

Petitioner sought direction to Revenue Divisional Officer to decide applications for removal of land from Data Bank and change of land nature under Kerala Conservation of Paddy Land and Wetland Rules, 2008, citing statutory bound nature.

What did the court decide?

Petitioner directed to consider Ext.P9 application and decide within two months; decide Ext.P6 application within a further two months depending on Ext.P9 outcome.

Mohan Kuruvila 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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THURSDAY, THE 25^TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944

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WP(C) NO. 21739 OF 2022

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PETITIONER:

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MOHAN KURUVILA, AGED 49 YEARS S/O. C.V.KURUVILA, CHUNDANGAL HOUSE, THRIKANARVATTOM, ERNAKULAM DISTINCT - 682018 BY ADVS.

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M.R.JAYALATHA AMRUTHA DIWAKAR

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RESPONDENTS:

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

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2 REVENUE DIVISIONAL OFFICER FIRST FLOOR, KB JACOB ROAD, FORT KOCHI ERNAKULAM DISTRICT , PIN - 682001

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3 AGRICULTURE OFFICER KRISHI BHAVAN VYTTILA , MAHAKAVI VAILOPILLI ROAD, ERNAKULAM DISTRICT , PIN - 682019

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4 THE TAHSILDAR (LR) KANAYANNUR TALUK, PARK AVANUE ROAD, ERNAKULAM DISTRICT, PIN - 682011

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5 THE VILLAGE OFFICER EDAPPALLY SOUTH VILLAGE, VILLAGE OFFICE ROAD, VENNALA, ERNAKULAM DISTRICT, PIN - 680028

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BY ADV GOVERNMENT PLEADER

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SMT.SURYA BINOY SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.21739 OF 2022

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JUDGMENT

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Dated this the 25^th day of August, 2022

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The petitioner, who is holding 2.20 Ares of land in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South Village of Kanayannur Taluk in Ernakulam District, has approached this Court seeking to direct the 2^nd respondentRevenue Divisional Officer to consider and pass orders on Exts.P9 and P6 applications, within a time frame.

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The petitioner states that he holds 2.20 Ares of land

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in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South Village of Kanayannur Taluk in Ernakulam District. The land is a garden land. However, it has been described as ‘Nilam’ in the Data Bank and 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.P9 application in

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WP(C) NO.21739 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.P6 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 28.07.2022 and Form 6 application was filed on 26.05.2022. 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

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WP(C) NO.21739 OF 2022

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Conservation of Paddy Land and 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 2.20 Ares of land in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South 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.P9 application for removal of the land from the Data Bank and Ext.P6 application for change of nature of the land in Revenue records.

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Exts.P9 and P6 applications are made by the petitioner invoking the provisions contained in the Kerala

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WP(C) NO.21739 OF 2022

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Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder. As the petitioner has invoked statutory remedies, the competent authority, namely the

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2^nd respondent-Revenue 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 2^nd respondent-Revenue Divisional Officer to consider Ext.P9 Form-5 application and take a decision thereon, within a period of two months. Depending upon the outcome of Ext.P9 application, the 2^nd respondent-Revenue Divisional Officer shall pass orders on Ext.P6 Form-6 application, within a further period of two months.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) NO.21739 OF 2022

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APPENDIX OF WP(C) 21739/2022

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PETITIONER EXHIBITS

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Exhibit-P1	A TRUE COPIES OF TH THE PROPERTY OF THE	E PHOTOGRAPHS OF PETITIONER
Exhibit-P2	A TRUE COPY OF THE NO.5357/2005 DATED	SALE DEED 8.8.2005
Exhibit-P3	A TRUE COPY OF THE RECEIPT ISSUED BY T CORPORATION DATED 2	BUILDING TAX HE KOCHI MUNICIPAL 1.5.2022
Exhibit-P4	A TRUE COPY OF THE ISSUED BY THE VILLA EDAPPALLY SOUTH VIL 19.5.2022	BASIC TAX RECEIPT GE OFFICER LAGE DATED
Exhibit-P5	A TRUE COPY OF THE DATA BANK ISSUED BY OFFICER VYTTILA	RELEVANT PAGES OF AGRICULTURAL
Exhibit-P6	A TRUE COPY OF THE 6 DATED 26.5.2022 S PETITIONER TO THE 2	APPLICATION IN FORM UBMITTED BY THE ND RESPONDENT
Exhibit-P7	A TRUE COPY OF THE THE REVENUE DEPARTM	RECEIPT ISSUED BY ENT DATED 26.5.2022
Exhibit-P8	A TRUE COPY OF THE ISSUED BY THE 2ND R 12.6.2022	COMMUNICATION ESPONDENT DATED
Exhibit P9	A TRUE COPY OF THE 5 DATED 28-7-2022 S PETITIONER TO THE 2	APPLICATION IN FORM UBMITTED BY THE ND RESPONDENT.
Exhibit P10	A TRUE COPY OF THE THE REVENUE DEPARTM 2022.	RECEIPT ISSUED BY ENT DATED 28-7-

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RESPONDENT'S/S EXHIBITS : NIL

Mohan Kuruvila v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohan Kuruvila v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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