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. 17020 OF 2022
PETITIONER:
M.B.HASSAINAR
AGED 54 YEARS
S/O, BEERAV, MULAKKAMBILLLIL HOUSE, P.O KAKKANAD CEPZ,
ERNAKULAM PIN. PIN - 682037
BY ADVS.
BIJU MARTIN
M.M.SALIM
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI,
KOCHIN - 682001.
2 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER - AGRICULTURAL OFFICER,
KRISHI BHAVAN, KIZHAKKAMBALAM, ERNAKULAM DISRICT, PIN -
683562.
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.17020 OF 2022
2
JUDGMENT
The petitioner is the owner in possession of 13 Ares of land in Survey Nos.75/3 and 75/4 of Kizhakkambalam Village in Kunnathunad Taluk of Ernakulam District. The petitioner confines his relief for an expeditious consideration of Ext.P4 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 paramba 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/1st respondent to consider Ext.P4 application (Form No.5), after obtaining all necessary inputs including the report of the Agricultural Officer and to pass appropriate WP(C).No.17020 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 1st respondent for compliance.
This writ petition is ordered accordingly.
Sd/-ANU SIVARAMAN JUDGE ska WP(C).No.17020 OF 2022 4 APPENDIX OF WP(C) 17020/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 4950/05 OF PUTHANKURISH SUB REGISTRY DATED 18.7.2005 Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY KIZHAKKAMBALAM VILLAGE OFFICE TO THE PETITIONERS PROPERTY DATED 2.2.2022 Exhibit P3 TRUE COPY OF THE CHALLAN RECEIPT NO KL070503053/2022 DATED 6.4.2022 ISSUED BY THE REVENUE DEPARTMENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 6.4.2022 FILED BY THE PETITIONER IN FORM NO 5 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE WP(C).No.17020 OF 2022 5 APPENDIX OF WP(C) 17020/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 4950/05 OF PUTHANKURISH SUB REGISTRY DATED 18.7.2005 Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY KIZHAKKAMBALAM VILLAGE OFFICE TO THE PETITIONERS PROPERTY DATED 2.2.2022 Exhibit P3 TRUE COPY OF THE CHALLAN RECEIPT NO KL070503053/2022 DATED 6.4.2022 ISSUED BY THE REVENUE DEPARTMENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 6.4.2022 FILED BY THE PETITIONER IN FORM NO 5