IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 17019 OF 2022
PETITIONER:
GEORGE
AGED 62 YEARS
S/O. DOMINIC, ALAPPATT HOUSE, ANGADIKKADAVU, NEAR
RAILWAY CROSS, ANGAMALY, PARAKKADAVU, ERNAKULAM -
683572.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
N.S.REHNA
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT KOCHI,
ERNAKULAM - 682001.
3 THE TAHSILDAR,
ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION,
CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA, ERNAKULAM -
683101.
4 THE VILLAGE OFFICER,
MATTOOR VILLAGE OFFICE, MATTOOR JUNCTION, KALADY,
ERNAKULAM - 683574.
5 THE AGRICULTURAL OFFICER,
KALADY KRISHIBHAVAN, KALADY MALAYATTOOR ROAD, MEKALADY,
KALADY, ERNAKULAM
PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17019 OF 2022
2
JUDGMENT
The petitioner is the owner in possession of 12.69 Ares of land in Survey No.325/1-2-2 of Mattoor Village in Aluva Taluk of Ernakulam District. The petitioner confines his relief for an expeditious consideration of Ext.P3 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 petitioner, the property is converted 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/2nd respondent to consider Ext.P3 application (Form No.5), after obtaining all necessary inputs including the report of the Agricultural Officer and to pass appropriate WP(C).No.17019 OF 2022 3 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 petitioner shall produce the copy of this judgment along with the copy of the writ petition before the 2nd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-ANU SIVARAMAN JUDGE ska WP(C).No.17019 OF 2022 4 APPENDIX PETITIONER'S EXHIBITS:
TRUE COPY OF DOCUMENT NO.1316/2020 OF Exhibit P1 S.R.O OLAVAKKODE DATED 22.09.2020. TRUE COPY OF THE POSSESSION CERTIFICATE Exhibit P2 DATED 27.09.2021 ISSUED BY THE VILLAGE OFFICER, PALAKKAD -II VILLAGE. TRUE COPY OF THE LAND TAX RECEIPT DATED Exhibit P3 23.09.2021 ISSUED BY THE VILLAGE OFFICER, PALAKKAD-II VILLAGE.
TRUE COPY OF THE LOCATION CERTIFICATE Exhibit P4 DATED 07.10.2021 ISSUED BY THE VILLAGE OFFICER, PALAKKAD-II VILLAGE. TRUE COPY OF THE RELEVANT PAGES OF THE Exhibit P5 NOTIFIED DATA BANK.
TRUE COPPY OF THE APPLICATION SUBMITTED BY Exhibit P6 THE PETITIONER IN FORM NO.5 BEFORE THE 1ST RESPONDENT ON 22.11.2021.
TRUE COPY OF THE INTIMATION GIVEN BY THE Exhibit P7 1ST RESPONDENT TO THE 2ND RESPONDENT ON 08.12.2021.p RESPONDENTS' EXHIBITS: NIL SSK //TRUE COPY// PA TO JUDGE