Disposed

Promod Mohandas v. the Revenue Divisional Officer, Tirur

Kerala HC9 Aug 2023WP(C)/7064/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought correction of land nature from wet to dry. The Court, noting a pending Form-5 application allowed removal from Data Bank, directed the Revenue Divisional Officer to consider the subsequent Form-7 application and pass appropriate orders within three months.

What did the court decide?

The Revenue Divisional Officer is directed to consider the petitioners Form-7 application and pass appropriate orders within three months.

Promod Mohandas Vs the Revenue Divisional Officer, Tirur — 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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WEDNESDAY, THE 9^TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945

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WP(C) NO. 7064 OF 2023

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PETITIONER:

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PROMOD MOHANDAS AGED 42 YEARS S/O. MOHANDAS, KOYMAVALAPPIL HOUSE, PONNANI P.O., MALAPPURAM DISTRICT - 679577, REPRESENTED BY POWER OF ATTORNEY HOLDER KOYIMA VALAPPIL MOHANDAS, AGED 75 YEARS, S/O. KRISHNAN, KOYIMA VALAPPIL HOUSE, PONNANI P.O., MALAPPURAM – 679577.

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BY ADVS. K.ANAND K AMEER SALIM(K/1024/2020)

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, TIRUR, TIRUR REVENUE DIVISIONAL OFFICE, TIRUR P.O., MALAPPURAM – 676101.

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2 THE AGRICULTURAL OFFICER PONNANI AGRICULTURAL OFFICE, PONNANI P.O., MALAPPURAM DISTRICT, PIN – 679583.

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3 THE TAHSILDAR PONNANI TALUK OFFICE, PONNANI P.O., MALAPPURAM DISTRICT, PIN – 67957.

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4 THE VILLAGE OFFICER EZHAVATHURUTHY VILLAGE OFFICE, PONNANI P.O., MALAPPURAM DISTRICT, PIN – 679576.

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5 THE LOCAL LEVEL MONITORING COMMITTEE PONNANI AGRICULTURAL OFFICE, PONNANI P.O., MALAPPURAM DISTRICT PIN - 679583 REPRESENTED BY ITS CONVENER.

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W.P.(C) No.7064 of 2023

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6 THE TALUK SURVEYOR, TALUK SURVEY OFFICE, PONNANI P.O., MALAPPURAM DISTRICT, PIN - 679577

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BY ADV.DEVISREE R., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.7064 of 2023

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J U D G M E N T

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Dated this the 9^th day of August, 2023

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The petitioner approached this Court with the following

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prayers:

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“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to direct the 3^rd respondent to correct the nature of the land in the BTR of the property belongs to the petitioner as dry land instead of wet land in the light of Ext.P13 decision of the 5^th respondent and Ext.P15 report of the 6^th respondent, within a time stipulated by this Hon'ble Court.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 5^th respondent to complete the proceedings in pursuant to Ext.P13 decision in the light of Ext.P15 report, to the 3^rd respondent to make necessary corrections in the BTR, within a time stipulated by this Hon'ble Court.

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iii) Pass an order dispensing with the production of the English translation of the documents in vernacular language at the time of filing the writ petition.

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iv) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from the time to time.”

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2. When this writ petition came up for hearing today, the

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counsel for the petitioner submitted that pending disposal of this

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W.P.(C) No.7064 of 2023

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writ petition, the petitioner's application in Form-5 seeking to remove the petitioner's land from Data Bank has been allowed. Thereupon, the petitioner has submitted Ext.P17 application in Form-7 invoking 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. The petitioner will be satisfied if the Revenue Divisional Officer considers Ext.P17 Form-7 application.

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In view of the limited prayer made by the petitioner, the writ petition is disposed of directing the 1^st respondent-Revenue Divisional Officer to consider Ext.P17 Form-7 application and pass appropriate orders thereon within a period of three months.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.7064 of 2023

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APPENDIX OF WP(C) 7064/2023

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY 4TH RESPONDENT DATED 19.04.2016
Exhibit P2	THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK
Exhibit P3	THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED 27.07.2016
Exhibit P4	THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE 5TH RESPONDENT DATED NIL
Exhibit P5	THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 03.08.2017
Exhibit P6	THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 29.11.2021
Exhibit P7	THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 15.01.2022
Exhibit P8	THE TRUE COPY OF THE REPORT NO.A- 172/2015/KSREC/006112/22 OF THE KSRSEC DATED 05.08.2022
Exhibit P9	THE TRUE COPY OF THE REPORT NO.A- 172/2015/KSREC/006113/22 OF THE KSRSEC DATED 05.08.2022
Exhibit P10	THE TRUE COPY OF THE REPORT NO.A- 172/2015/KSREC/006114/22 OF THE KSRSEC DATED 05.08.2022
Exhibit P11	THE TRUE COPY OF THE REPORT NO.A- 172/2015/KSREC/006115/22 OF THE KSRSEC

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W.P.(C) No.7064 of 2023

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DATED 06.08.2022

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Exhibit P12 THE TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.27437/2022 OF THIS HON'BLE COURT DATED 07.11.2022 Exhibit P13 THE TRUE COPY OF THE MINUTES OF THE 5TH RESPONDENT DATED 23.12.2022 Exhibit P14 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 3.11.2022 Exhibit P15 THE TRUE COPY OF THE REPORT OF THE 6TH RESPONDENT DATED 25.1.2023 Exhibit P16 TRUE COPY OF THE ORDER NO: RDOTIR/1121/2022-K1 DATED 19.07.2023 HAS BEEN ISSUED BY THE SUB COLLECTOR, TIRUR Exhibit P17 TRUE COPY OF THE APPLICATION NO: 57/2023/104482 PREFERRED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, MALAPPURAM DISTRICT (1ST RESPONDENT) DATED 13.06.2023 Exhibit P18 TRUE COPY OF THE RECEIPT NO: KL10030305885/2023 DATED 13.06.2023 ISSUED BY THE EZHUVATHIRUTHY VILLAGE OFFICE

Promod Mohandas v. the Revenue Divisional Officer, Tirur

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Promod Mohandas v. the Revenue Divisional Officer, Tirur

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