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. 17044 OF 2022
PETITIONER:
DR. JOSE P.P,
AGED 79 YEARS
S/O. PAULOSE, RESIDING AT PYNADATH , KARUKUTTY,
ERNAKULAM- 683 576.
BY ADV M.S.AMAL DHARSAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM-
680 003.
3 THE TAHSILDAR,
ALUVA TALUK OFFICE, MINI CIVIL STATION, ALUVA,
ERNAKULAM 683 101
4 THE VILLAGE OFFICER,
KARUKUTTY VILLAGE OFFICE, RAILWAY STATION ROAD,
KARUKUTTY, ERNAKULAM- 683 576.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KARUKUTTY, ALUVA, ERNAKULAM 683
576.
VINITHA B-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.17044 OF 2022
2
JUDGMENT
The petitioner is the owner in possession of 23.91 Ares of land in Survey Nos.117/5-4 and 117/7-1 of Karukutty 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 dry 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.17044 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.17044 OF 2022 4 APPENDIX OF WP(C) 17044/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.04.2022 FOR THE YEAR 2022- 2023.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATABANK ISSUED BY THE 5TH RESPONDENT DATED 08.04.2022.
Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM 5, DATED 22.04.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P3(a) A TRUE COPY OF THE TREASURY CHALLAN RECEIPT DATED 22.04.2022.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE