C.D.George vs State Of Kerala

Citation : 2022 Latest Caselaw 5563 Ker
Judgement Date : 26 May, 2022

Kerala High Court
C.D.George vs State Of Kerala on 26 May, 2022
               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. 16988 OF 2022
PETITIONER:

            C.D.GEORGE
            AGED 65 YEARS
            S/O DEVASSY,CHULLIKKATTU HOUSE, VARAPUZHA,ERNAKULAM
            DISTRICT , PIN - 683517
            BY ADV G.RANJITA


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY ,DEPARTMENT OF
            REVENUE,GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN
            - 695001
    2       REVENUE DIVISIONAL OFFICER
            1ST FLOOR FORT KOCHI,K.B.JACOB ROAD,ERNAKULAM
            DISTRICT., PIN - 682001
    3       THE TAHSILDAR
            PARAVUR TALUK OFFICE, VARAPUZHA VILLAGE,PARAVUR
            TALUK,ERNAKULAM DISTRICT., PIN - 683513
    4       THE VILLAGE OFFICER
            CHETTIBHAGAM MAIN ROAD,VARAPUZHA,ERNAKULAM DISTRICT.,
            PIN - 683517
    5       AGRICULTURE OFFICER
            KRISHI BHAVAN PARAVUR, ERNAKULAM DISTRICT., PIN -
            683513
    6       THE CONVENOR
            LOCAL LEVEL MOINTORING COMMITTEE, KRISHI BHAVAN,
            VARAPUZHA VILLAGE,PARAVUR TALUK,ERNAKULAM DISTRICT.,
            PIN - 682515




            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.16988 OF 2022

                                     2




                              JUDGMENT

The petitioner is the owner in possession of 5.62 Ares of land in Survey Nos.366/3-1-2 and 366/3-3 of Varapuzha Village in Paravur Taluk of Ernakulam District. The petitioner confines his relief for an expeditious consideration of Ext.P2 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.P2 application (Form No.5), after obtaining all necessary inputs including the report of the Agricultural Officer and to pass appropriate WP(C).No.16988 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.16988 OF 2022 4 APPENDIX OF WP(C) 16988/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY 4TH RESPONDENT TO PETITIONER 2-11-2021 ExhibitP2 TRUE COPY OF THE APPLICATION IN FORM 5 DATED 9.11.2021 ExhibitP2(a) TRUE COPY OF THE RECEIPT OF FORM 5 APPLICATION 9.11.2021 Exhibit P3 TRUE COPY OF LLMC REPORT BY THE 6TH RESPONDENT DATED 18.02.2022.

   RESPONDENT EXHIBITS:     NIL




                                                       TRUE COPY



                                                    P.A TO JUDGE