Dismissed

Rekha Mohandas v. the Revenue Divisional Officer, Tirur

Kerala HC9 Aug 2023WP(C)/7074/2023

Case brief

AI extract

What is this about?

Petitioner sought mandamus to correct land nature in Revenue records from wet to dry. Court noted that the petitioner's Form-5 application to remove land from Data Bank had been allowed, leading petitioner to file a Statutory Form-7. Petition disposed by directing 1st Respondent to consider the Form-7 application within three months.

What did the court decide?

Directed 1st Respondent to consider Ext.P13 Form-7 application and pass appropriate orders within three months.

Rekha Mohandas Vs the Revenue Divisional Officer… — Municipal and Town Planning | 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. 7074 OF 2023

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PETITIONER:

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REKHA MOHANDAS AGED 46 YEARS W/O. GOKUL, KARIYANGATTIL HOUSE, IRINJALAKUDA P.O., THRISSUR DISTRICT – 680121.

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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 DISTRICT, PIN – 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 – 679576.

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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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BY ADV.DEVISREE R., GOVERNMENT PLEADER

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W.P.(C) No.7074 of 2023

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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.7074 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 land in the BTR of the property belongs to the petitioner as dry land instead of wet land in the light of Ext.P11 decision of the 5^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 communicate Ext.P11 decision 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.7074 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.P13 application in Form-7 invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 seeking to change the nature of the land in Revenue records. The petitioner will be satisfied if the Revenue Divisional Officer considers Ext.P13 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.P13 Form-7 application and pass appropriate orders thereon within a period of three months.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.7074 of 2023

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APPENDIX OF WP(C) 7074/2023

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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 THE 2ND RESPONDENT DATED 27.07.2016
Exhibit P4	THE TRUE COPY OF THE APPLICATION SUBMITTED
	BY THE PETITIONER BEFORE THE 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 NIL
Exhibit P8	THE TRUE COPY OF THE REPORT NO.A- 172/2015/KSREC/006114/22 OF THE KSRSEC DATED 05.08.2022
Exhibit P9	THE TRUE COPY OF THE REPORT NO.A- 172/2015/KSREC/006115/22 OF THE KSRSEC DATED 06.08.2022
Exhibit P10	THE TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.27480/2022 OF THIS HON'BLE COURT DATED 07.11.2022
Exhibit P11	THE TRUE COPY OF THE MINUTES OF THE 5TH

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W.P.(C) No.7074 of 2023

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RESPONDENT DATED 23.12.2022

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Exhibit P12 TRUE COPY OF THE ORDER NO: RDOTIR/1122/2022-K1 DATED 19.07.2023 HAS BEEN ISSUED BY THE SUB COLLECTOR, TIRUR Exhibit P13 TRUE COPY OF THE APPLICATION NO: 63/2023/104482 PREFERRED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, MALAPPURAM DISTRICT (1ST RESPONDENT) DATED 13.06.2023 Exhibit P14 TRUE COPY OF THE RECEIPT NO: KL10030305884/2023 DATED 13.06.2023 ISSUED BY THE EZHUVATHIRUTHY VILLAGE OFFICE

Rekha Mohandas v. the Revenue Divisional Officer, Tirur

Case brief

What is this about?

What did the court decide?

Rekha Mohandas v. the Revenue Divisional Officer, Tirur

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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