Disposed

Jayadevan v. the District Collector

Kerala HC24 Jul 2023WP(C)/10101/2023

Case brief

AI extract

What is this about?

This court disposed of the writ petition directing the petitioner to file a fresh Form-6 application for changing land nature. It also directed the respondents to consider the application within two months if filed with documents and fee.

What did the court decide?

Petitioner directed to file Form-6 application afresh with documents and fee; Revenue Divisional Officer to consider within two months.

Jayadevan Vs the District Collector — Land Acquisition | Kerala HC (2023)

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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 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
WP(C) NO. 10101 OF 2023

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PETITIONERS:

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JAYADEVAN

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AGED 71 YEARS
SREEDURGA KAKKADAVU ROAD, AZHIYUR PO KOZHIKODE,
PIN - 673309
BY ADV AJMAL PULLANIYIL

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE, KOZHIKODE COLLECTORATE, CIVIL STATION PO, KOZHIKODE., PIN - 673020

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2 THE REVENUE DIVISIONAL OFFICER VADAKARA PWD REST HOUSE, OLD BUS STAND VADAKARA, KOZHIKODE, KERALA, PIN - 673101

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3 THE VILLAGE OFFICER AZHIYUR AZHIYUR VILLAGE OFFICE ROAD, KOZHIKODE, KERALA, PIN - 673309

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4 THE AGRICULTURAL O FFICER KRISHI BHAVAN AZHIYUR VILLAGE , KOZHIKODE, KERALA, PIN – 673309

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SMT.N.DEEPA. SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.10101 OF 2023
 2

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JUDGMENT

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Dated this the 24^th day of July, 2023

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The petitioner is before this Court seeking to direct the 2^nd respondent to remove the wrong entry regarding Survey Number of property of the petitioner from the online portal by taking steps to remove the same through authorised person. The petitioner further seeks to declare that no application in Form-5 is required and application only under Form-6 is applicable, since the land of the petitioner is not included in the Data Bank.

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The petitioner approached this Court after filing Ext.P4 Form-6 application invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to change the nature of the land in Revenue records. It is evident from the arguments made at the Bar that pending in the writ petition, the petitioner was advised

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WP(C) NO.10101 OF 2023

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3

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to resort to Form-5 application to seek removal of his land from Data Bank, since the land was already included in the Data Bank.

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When this writ petition came up for hearing today, counsel for the petitioner submitted that his Form-5 application has been considered by the Revenue Divisional Officer and an order has been passed on 12.05.2023.

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Government Pleader pointed out that since the Form-5 application was not initially filed, the petitioner will

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have to file a Form-6 application online afresh. If such an application is filed, it can be considered in accordance with law.

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In view of the facts and circumstances as stated

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above, the writ petition is disposed of directing the petitioner to file a Form-6 application afresh. If the petitioner files Form-6 application, supported by all relevant documents and paying

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the prescribed fee, the Revenue Divisional Officer shall

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WP(C) NO.10101 OF 2023

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consider the same and pass appropriate orders thereon, in accordance with law, within a period of two months from the

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date of receipt of Form-6 application.

N.NAGARESH

JUDGE

hmh

WP(C) NO.10101 OF 2023

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APPENDIX OF WP(C) 10101/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE POSSESSION CERTIFICATE
DTD 01.11.2022.
Exhibit P2TRUE PHOTOGRAPHS OF THE PETITIONERS
PROPERTY.

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Exhibit P3TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK PREPARED BY THE 4TH
RESPONDENT

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Exhibit P4TRUE COPY OF THE ONLINE APPLICATION OF
FORM NO 6.

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Exhibit P5TRUE COPY OF THE LETTER DATED
08.12.2022 OF THE 2ND RESPONDENT.
Exhibit P6TRUE SCREENSHOT OF THE REPORT OF THE 3
RD RESPONDENT IN THE REVENUE ONLINE
PORTAL

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Exhibit P7TRUE COPY OF THE ONLINE APPLICATION
FORM NO 5 DATED 09.12.2022.

Jayadevan v. the District Collector

Case brief

What is this about?

What did the court decide?

Jayadevan v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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