REMA KRISHNAN v. REVENUE DIVISIONAL OFFICER - FORT KOCHI, ERNAKULAM
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-03-19. REMA KRISHNAN v. REVENUE DIVISIONAL OFFICER - FORT KOCHI, ERNAKULAM. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MURALI PURUSHOTHAMAN TH TUESDAY, THE 19 DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 WP(C) NO. 40520 OF 2023 PETITIONER: REMA KRISHNAN, AGED 73 YEARS NOW RESIDING AT NO. 1, 16TH AVENUE, HARRINGTON ROAD, CHETPET, CHETPET P. O CHENNAI, TAMIL NADU, PIN - 600031 AND HAVING PERMANENT ADDRESS AT KANDANATTU VEETTIL (THRIKOTTU VEEDU), PUTHEN MADAM, KURUMASSERI P. O. , MOOZHIKKULAM, PARAKKADAVU, ALUVA, ERNAKULAM REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND BROTHER, T. N SREEKUMAR MENON, AGED 74 YEARS, SON OF LATE K. N. N. MENON AND LATE SARADHA AMMA, RESIDING AT T. C. 55/1758(2), ANUGRAHA, FOREST OFFICE LANE, VAZHUTHACAUD, THYCAUD P. O. , THYCAUD VILLAGE, THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. NINAN JOHN BASIL MATHEW SANJANA SARA VARGHESE ANNIE AJAY KRISHNAN S. ARYA A. R.
ANJITHA JOBI ROSEMARIA JOHNSON RESPONDENTS: 1 REVENUE DIVISIONAL OFFICER - FORT KOCHI, ERNAKULAM FIRST FLOOR, REVENUE DIVISIONAL OFFICE, KB JACOB RD, FORT KOCHI, KOCHI, ERNAKULAM DISTRICT, KERALA, PIN - 682001 W. P. (C) No. 40520 of 2023 2 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY SMT. G. SHEEBA, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19. 03. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No. 40520 of 2023 3 JUDGMENT Petitioner is the owner in possession of 1. 25 Hectares of land comprised in Survey No. 225/3 in Block No. 4 of Parakkadavu Village, Aluva Taluk, Ernakulam District. 2. Petitioner has filed this writ petition challenging Ext.
P6 order whereby her application for change of nature of land submitted in Form 7 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for brevity, ‘the Rules, 2008’) has been returned stating that the petitioner has to submit an application in Form 5 to remove the property from the Data Bank. The petitioner submits that her property is not included in the Data Bank and is an unnotified W. P. (C) No. 40520 of 2023 4 land and therefore, in view of the provisions under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as ‘the Act, 2008’) she is not liable to file any application in Form 5 for removal of the property from the Data Bank. The petitioner states that her property has been included in the Basic Tax Register as ‘nilam’. Being an unnotified land, the petitioner is entitled to file an application under Form 7 as per the decision of this Court in Anu Mathew v. Revenue Divisional Officer [2022 KHC 5586].
Accordingly, there will be a direction to the st 1 respondent to consider Ext. P4 application of the petitioner afresh in the light of Ext. P5 report of the Village Officer within a period of W. P. (C) No. 40520 of 2023 5 one month from the date of receipt of a copy of this judgment. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/21/03/2024 6 APPENDIX PETITIONER'S EXHIBITS:- THE TRUE COPY OF THE GIFT DEED DATED 24. 10. 1969 BEARING NO. 3341/1969 OF SRO, ANGAMALI. THE TRUE COPY OF THE LAND TAX RECEIPT OF THE SAID PROPERTY, BEARING NO. KL07040200678/2023 DATED 31. 01. 2023 ISSUED BY PARAKKADAVU VILLAGE. THE TRUE COPY OF RELEVANT PAGE OF THE DATA BANK SHOWING THE SAID PROPERTY AS 'LAND CONVERTED BEFORE 1998'. THE TRUE COPY OF FORM 7 APPLICATION ALONG WITH THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. THE TRUE COPY OF REPORT OF PARAKKADAVU VILLAGE OFFICER DATED 10. 05.
2022 ALONG WITH INVESTIGATION REPORT, PROFORMA REPORT AND VERIFIED LAND SKETCH. THE TRUE COPY OF THE LETTER DATED 23. 02. 2023 OF THE FIRST RESPONDENT. THE TRUE COPY OF FORM 5 APPLICATION BEARING NO. 13/2023/755732 DATED 20. 02. 2023 SUBMITTED BY THE PETITIONER ALONG WITH ITS RECEIPT.
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