WP(C) NO. 16348 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 16348 OF 2022
PETITIONERS:
1 ABDUL MAJEED
AGED 58 YEARS
S/O. UNNEENKUTTY, POTHUKKADAN HOUSE, ANGADIPPURAM AMSOM,
CHERAKKAPARAMBU DESOM, PERINTHALMANNA TALUK, ANGADIPPURAM
VILLAGE, CHARAKKAAPARMABU P.O., MALAPPURAM DISTRICT,
PIN - 679321
2 SARAFFUDDIN .T
AGED 49 YEARS
S/O. MAMMU, THANKAYATHIL HOUSE, VADAKKANGARA AMSOM,
VADAKKANGARA DESOM, PERINTHALMANNA TALUK, ANGADIPPURAM
VILLAGE, VADAKKANGARA P.O., MALAPPURAM DISTRICT,
PIN - 679324
BY ADV BIJU ABRAHAM
RESPONDENTS:
1 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE OFFICE, VANIYAMKULAM, OTTAPPALAM
TALUK, PALAKKAD DISTRICT , PIN - 679101
2 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, VANIYAMKULAM, OTTAPPALAM TALUK, PALAKKAD
DISTRICT , PIN - 679522
3 THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679101
VINITHA B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16348 OF 2022 2
JUDGMENT
The petitioners are the owners in possession of 33.60 Ares of land in Survey No.84/8-2 of Vaniyamkulam Village in Ottappalam Taluk of Palakkad District. The petitioners confines their relief for an expeditious consideration of Ext.P5 application in Form No.5 under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank. According to the petitioners, the property is lying as developed land and has been erroneously included in the data bank.
2. Having heard the learned Government Pleader also and without expressing any view on the merits of the matter, this writ petition is disposed of directing the RDO/3rd respondent to consider Ext.P5 application (Form No.5), after verifying the nature and extent of the property, WP(C) NO. 16348 OF 2022 3 after obtaining all necessary inputs including the report of the Agricultural Officer and to pass appropriate orders thereon. The entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. The petitioners shall produce the copy of this judgment along with the copy of the writ petition before the 3rd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska WP(C) NO. 16348 OF 2022 4 APPENDIX OF WP(C) 16348/2022 PETITIONER EXHIBITS ExhibitP1 A TRUE COPY OF THE TITLE DEED IN FAVOUR OF THE PETITIONERS DATED 31-03-2022 HAVING NO. 1093/2022 OF S.R.O OTTAPPALAM ExhibitP2 A TRUE COPY OF THE REPORT OF THE 1ST RESPONDENT DATED 02-01-2009 ExhibitP3 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REPORT UNDERSIGNED BY THE AGRICULTURAL OFFICER VANIYAMKULAM DATED 05-02-2022 ExhibitP4 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONERS ExhibitP5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT