Kerala High Court
Roji Antony vs The Revenue Divisional Officer on 2 June, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 24TH DAY OF JULY 2018 / 2ND SRAVANA, 1940
WP(C).No. 24852 of 2018
PETITIONER :
ROJI ANTONY,
AGED 44 YEARS, S/O.ANTHONY,
PAREKKADAN HOUSE,
PUTHENCHIRA-680 682.
BY ADVS.SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.MARIA ROY
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
RESPONDENTS :
1. THE REVENUE DIVISIONAL OFFICER,
CHEMMANDA ROAD,
IRINJALAKUDA-680 125.
2. LOCAL LEVEL MONITORING COMMITTEE,
PUTHENCHIRA GRAMA PANCHAYAT,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PUTHENCHIRA-680 682.
3. VILLAGE OFFICER,
PUTHENCHIRA-680 682.
BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 24852 of 2018 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF TAX RECEIPT NO.1688033 DATED
02.06.2018.
EXHIBIT P1(A) PHOTOGRAPHS OF THE PROPERTY PERTAINING TO
SURVEY NUMBERS.383/6 AND 383/8.
EXHIBIT P2 TRUE COPY OF THE DATA BANK EXTRACT PERTAINING
TO THE BELOW DESCRIBED SURVEY NUMBERS.
EXHIBIT P3 TRUE COPY OF THE APPLICATION TO REMOVE THE
PROPERTY FROM THE DATA BANK SUBMITTED TO THE
2ND RESPONDENT.
EXHIBIT P3(A) TRUE COPY OF ACKNOWLEDGMENT CARD OF THE
APPLICATION SENT TO THE 2ND RESPONDENT DATED
21.06.2018.
EXHIBIT P4 TRUE COPY OF THE CLAUSE 6(2) APPLICATION
SUBMITTED TO THE 1ST RESPONDENT DATED 06.06.2018.
EXHIBIT P4(A) TRUE COPY OF THE RECEIPT OF THE CLAUSE 6(2)
APPLICATION NUMBERED AS B2-106/18 SUBMITTED TO
THE 1ST RESPONDENT DATED 08.06.2018.
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
26.7.2018
SHAJI P. CHALY, J.
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W.P.(C). No. 24852 OF 2018
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Dated this the 24th day of July, 2018
JUDGMENT
According to the petitioner, petitioner is the owner in possession of an extent of 30.76 ares of property in Re- survey No. 383/6 and 8.09 ares of property in Re-survey No. 383/8 of Puthenchira Village, Mukandapuram Taluk. The case of the petitioner is that even though the property is remaining as dry land, it is included in the data bank, constituted under the provisions of the Kerala Conservation of Paddy Land & Wet Land Act, 2008, as converted land. In order to remove the property from the data bank, the petitioner has submitted Ext. P3 application before the second respondent, which is pending consideration. The petitioner has also submitted Ext.P4 application before the first respondent, as per the provisions of the Kerala Land Utilisation Order, 1967 for utilisation of the land for different purposes other than W.P.(C). No. 24852 of 2018 2 paddy cultivation. Petitioner seeks direction for early consideration of aforesaid applications.
2. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the second respondent to consider Ext. P3 application submitted by the petitioner, in accordance with law, and attain finality, at the earliest possible, and at any rate, within three months from the date of receipt of a copy of this judgment. If the petitioner is able to secure an enabling order in his favour, Ext.P4 application shall be considered by the first respondent, at the earliest possible, and at any rate, within three months from the date of production of the order from the second respondent. The petitioner is also directed to produce a copy of this writ petition along with appended documents before the appropriate statutory authorities.
The writ petition is disposed of, accordingly.
sd/-
SHAJI P. CHALY JUDGE DCS