V.JOHN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The above writ petition is filed seeking the following reliefs:

(2.) The petitioner is in ownership and in possession of 40.47 Ares of land comprised in Re.Sy. No.26/13 in Block No.31 of Nadama Village, Kanayannur Taluk. The petitioner submitted Ext.P4 application in Form-7 to change the nature of the above mentioned land. According to the petitioner, the land was excluded from the Data Bank by the 3rd respondent LLMC vide Ext.P3 decision. But, the decision was not implemented and hence the same was not published in the Gazette. According to the petitioner, as per Rule 4(8) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, respondents 3 to 6 have to take steps to issue erratum notification. It is also submitted that, as per Sec. 27A(3) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short "Act, 2008"), the petitioner has to pay the prescribed fee for changing the nature of land. The 1 st respondent decided to allow Ext.P4 application and issued Ext.P5 notice demanding fee subsequently. Ext.P5 notice was set aside by this Court as per Ext.P6 judgment. Now, the prayer of the petitioner is for a consideration of Form-7 application without insisting an application in Form-5 of the Act, 2008. It is also submitted that, subsequently a new Data Bank is published in which the petitioner's property is included, ignoring the decision of the LLMC. Hence, this Writ Petition is filed.

(3.) Heard, the learned counsel appearing for the petitioner and the learned Government Pleader.