Non-requirement of Form 5 for applications under the Kerala Conservation of Paddy Land and Wet Land Act when property is designated as converted land.

JUDGMENT

The petitioner is aggrieved by non-consideration of Ext.P12 application submitted in Form 6 of the Kerala Conservation of Paddy Land and Wet Land Act , 2008. Petitioner submits that the land is shown as converted land in the Data Bank and in Ext.P7, the Local Level Monitoring Committee has already found that the land is liable to be removed from the Data Bank since it is seen as a dry land. Petitioner has also produced Ext.P15 order issued by this Court, wherein it is held that in cases where the property is shown as converted land in the Data Bank, there is no requirement for an application in Form 5 for the purpose of considering an application in Form 6.

In the above circumstances, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P12 application in the light of the findings in Ext.P7 regarding the nature of the land and without insisting on a Form 5 application, within four months from the date of receipt of a copy of this judgment. The 1st respondent shall also take into consideration the fact that the extent of land is below 25 cents and the schedule as amended applies.

Sd/-

T.R.RAVI JUDGE

Pn

APPENDIX OF WP(C) 26183/2021 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT OF THE PETITIONER'S PROPERTY.

Exhibit P2 A TRUE COPY OF SALE DEED NO.3846/2014 DATED

16.9.2014 OF SRO, ERNAKULAM.

Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE COCHIN CORPORATION TO THE PETITIONER'S PREDECESSOR IN TITLE.

Exhibit P4 A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED FROM COCHIN CORPORATION.

Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 19.6.2018 OF THIS HON'BLE COURT IN WP(C)

NO.20001/2018.

Exhibit P7 A TRUE COPY OF THE PROCEEDINGS DATED

11.7.2019 OF THE 2ND RESPONDENT.

Exhibit P8 A TRUE COPY OF THE AFFIDAVIT FILED BY THE

3RD RESPONDENT IN CCC NO.1330/2019 OF THIS HON'BLE COURT.

Exhibit P9 A TRUE COPY OF THE OFFICIAL GAZETTE DATED

25.2.2021.

Exhibit P10 A TRUE COPY OF THE G.O.(MS)

NO.4592/2017/REV. DATED 31.10.2017 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P11 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK OF KOTHAMANGALAM MUNICIPALITY.

Exhibit P12 A TRUE COPY OF THE APPLICATION IN FORM NO.6 DATED 2.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P13 A TRUE COPY OF THE REPORT DATED 6.8.2021 SUBMITTED BY THE 3RD RESPONDENT.

Exhibit P14 A TRUE COPY OF SRO NO.369/2021 DATED

25.2.2021 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P15 A TRUE COPY OF THE ORDER DATED 21.1.2022 OF THIS HON'BLE COURT IN CON.CASE (CIVIL) NO-

1193/2021