The Court set aside an order rejecting a petitioner's Form No.5 application regarding property inclusion in a data bank under the Kerala Conservation of Paddy land and Wetland Act, 2008, directing a fresh decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022/11TH KARTHIKA, 1944
WP(C) NO. 21854 OF 2022
PETITIONER:
P. K. BABY, AGED 70 YEARS PALIYETH HOUSE, PAZHAMTHOTTAM, VADAVUKODE P. O, PUTHENKURISHU VILLAGE, KUNNATHUNADU TALUK, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 310.
BY ADVS. VARUGHESE M. EASO VIVEK VARGHESE P.J.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, RDO OFFICE, MUVATTUPUZHA, MUVATTUPUZHA P. O, ERNAKULAM DISTRICT, PIN – 686 661. 2 THE TAHSILDAR (LAND RECORDS), KUNNATHUNADU TALUK OFFICE - PERUMBAVOOR, ERNAKULAM DISTRICT, PIN – 683 542. 3 THE VILLAGE OFFICER, PUTHENKURISHU VILLAGE, VADAVUKODE P. O, KUNNATHUNADU TALUK, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 682 310. 4 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENOR, PUTHEN KURISHUKRISHIBHAVAN, ERNAKULAM DISTRICT, PIN - 682 308. 5 SPECIAL TAHSILDAR (LA) FOR POWER GRID CORPORATION OF INDIA, OFFICE OF THE POWER GRID CORPORATION OF INDIA, KAKKANADU P. O, ERNAKULAM DISTRICT, PIN - 682 030.
WP(C).No.21854 OF 2022
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6 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 7 THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANADU, ERNAKULAM - 682 030.
SRI. B.S SYAMANTHAK - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21854 OF 2022
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JUDGMENT
The petitioner states that he is the owner of a
commercial property in Re Survey No.472/11-1 in Block No.38 of Puthencruze Village covered by Ext.P1 partition deed. According to the petitioner, the said property has been erroneously included in the data bank prepared under the Kerala Conservation of Paddy land and Wetland Act, 2008. Accordingly, he submitted Ext.P6 application in Form No.5 before the 1st respondent. However, the same was rejected vide
Ext.P11.
support of his contentions.
WP(C).No.21854 OF 2022
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The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR
WP(C).No.21854 OF 2022
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PARTITION DEED 3170/1983 DATED 05/09/1983 PUTHENCRUZE SUB REGISTRAR OFFICE. |
NO OF |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE TAX RECEIPT DA 12/04/2021. |
TED |
| EXHIBIT P3 | TRUE COPY OF THE LOCATION SKETCH | OF |
| THE PROPERTY DESCRIBED IN EXHIBIT AND P2. |
P1 | |
| EXHIBIT P4 | TRUE COPY OF THE PROCEEDINGS NO 333/10 DATED 29/01/2019 ALONG WITH RELEVANT DOCUMENTS. |
KE THE |
| EXHIBIT P5 | TRUE COPY OF THE RELEVANT PAGES THEDATA BANK PREPARED UNDER PROVISIONS OF THE KERALA CONSERVAT OF PADDY LAND AND WET LAND ACT 2008 |
OF THE ION . |
| EXHIBIT P6 | TRUE COPY OF THE APPLICATION DA 10/12/2021 SUBMITTED BY THE PETITIO BEFORE THE 1ST RESPONDENT. |
TED NER |
| EXHIBIT P7 | TRUE COPY OF REPORT BY THE RESPONDENT. |
4TH |
| EXHIBIT P8 | TRUE COPY OF THE REPORT NO 364/2 DATED 17/12/2021. |
021 |
| EXHIBIT P9 | TRUE COPY OF THE LETTER DA 15/12/2021 FROM THE 4TH RESPONDENT THE 1ST RESPONDENT. |
TED TO |
| EXHIBIT P10 | TRUE COPY OF THE JUDGMENT DA 11/08/2021 IN WP NO. 16715 OF 2020. |
TED |
| EXHIBIT P11 | TRUE COPY OF THE ORDER NO A 11392/2021/KDS DATED 15/03/2022 ISS BY THE 1ST RESPONDENT. |
13- UED |
| EXHIBIT P12 | TRUE COPY OF THE APPLICATION DA 07/06/2022 BY THE PETITIONER BEF THE 1ST RESPONDENT. |
TED ORE |
| EXHIBIT P13 | TRUE COPY OF THE CHELAN 007108963202223 M DATED 07/06/2022. |
NO |
| EXHIBIT P14 RESPONDENTS EXH |
TRUE COPY OF THE JUDGMENT DA 20/06/2022 IN WP NO 7685 OF 2022 THIS HON'BLE COURT. IBITS : NIL. |
TED OF |
1 issue framed by the court
Whether the application submitted by the petitioner in Form No.5 was legally rejected by the Revenue Divisional Officer without justifying reasons.
Colour shows how this judgement treated each authority
Pradeep Kumar V.G (Dr.) V. Revenue Divisional Officer, MalappuramApplied¶26
Pradeep Kumar V.G (Dr.) V. Revenue Divisional Officer, Malappuram [2021 (5) KHC 111]
P. K. Baby
The Revenue Divisional Officer, Muvattupuzha
The Tahsildar (Land Records), Kunnathunadu
The Village Officer, Puthenkurishu
The Local Level Monitoring Committee
Special Tahsildar (LA) for Power Grid Corporation of India
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
