2025 Supreme(Online)(Ker) 65744
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JANARDHANAN – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER(R.D.O.) – Respondent
WP(C) 10806/2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 10806 OF 2025 PETITIONER/S:
JANARDHANAN, AGED 54 YEARS SON OF KRISHNAN, KATTTILPURA HOUSE, KODUNTHIRAPULLY P.O., PIRAYIRI VILLAGE, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678004 BY ADVS.
P.M.ZIRAJ IRFAN ZIRAJ RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER(R.D.O.), PALAKKAD, PALAKKAD DISTRICT, PIN - 678001
2 THE LOCAL LEVEL MONITORING COMMITTEE, CONSTITUTED UNDER THE PROVISIONS OF KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT 2008, KUZHALMANNAM, PALAKKAD DISTRICT, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHIBAVAN, KUZHALMANNAM, PALAKKAD DISTRICT, PIN - 678702
3 AGRICULTURAL OFFICER, KUZHALMANNAM, PALAKKAD DISTRICT, PIN – 678702
4 THE VILLAGE OFFICER, KUZHALMANNAM VILLAGE, PALAKKAD DISTRICT, PIN -
678702 OTHER PRESENT:
Smt.Deep.V, G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is the owner of a property having an extent of 9.72 Ares comprised in Re.Sy.No.21/31 of Kuzhalmannam-I Village, Palakkad District. The property is described as paddy land in the revenue records. Earlier the petitioner submitted an application seeking permission to construct a residential building in the said property in Form 1, which culminated in Ext.P2 order. As per the said order the petitioner utilised an extent of 5 cents of land, for constructing a residential building. Now the petitioner has submitted Ext.P3 Form 5 application, in respect of the entire extent of the property for removing the same from the Data Bank. The limited relief sought by the petitioner to direct the 1st respondent to pass orders on the same.
After hearing the learned counsel for petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that, the 3rd respondent shall submit a report before the 1st respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, within a period of one month from the date of receipt of a copy of this judgment and thereupon, the 1st respondent or the authorized officer as referred to above, shall take up the Ext.P3 application and appropriate orders thereon shall be passed in accordance with law, within a period of one month from the date of receipt of such report. While considering the same, the impact of Ext.P2 shall also be taken note of.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE rpk APPENDIX OF WP(C) 10806/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
26.7.2024 ISSUED BY THE FOURTH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 24.6.2015 ISSUED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 5 DATED 27.8.2022 BEFORE THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE REVENUE SERVICE REGARDING THE STATUS OF THE APPLICATION DOWNLOADED FROM THE WEBSITE Exhibit P5 TRUE COPY OF THE RECEIPT REGARDING THE APPLICATION OF PETITIONER DATED
23.10.2024 ISSUED BY THE FIRST RESPONDENT