Yeshudas Pazhampilly vs The District Collector
2021 Latest Caselaw 10998 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8834 OF 2021(D)

PETITIONER:
               YESHUDAS PAZHAMPILLY
               AGED 46 YEARS
               S/O.P.T.MICHALE, RECTOR, ST.JUDGE SHRINE
               NOW RESIDING AT ST.JUDE SHRINE, YOODAPURAM,
               KINDANGOOR P.O., ANGAMALY, ERNAKULAM - 683 572.

               BY ADVS.
               SRI.PRAVEEN K. JOY
               SRI.T.A.JOY
               SRI.E.S.SANEEJ
               SRI.M.P.UNNIKRISHNAN
               SMT.M.K.SAMYUKTHA
               SRI.N.ABHILASH
               SHRI.DEEPU RAJAGOPAL

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD,
               ERNAKULAM - 682 030.

      2        THE REVENUE DIVISIONAL OFFICER
               FORT COCHIN, KB JACOB RD., ERNAKULAM - 682 001.

      3        THE TAHSILDAR, ALUVA TALUK OFFICE
               MINI CIVIL STATION, PERIYAR NAGAR, ALUVA - 683 101.

      4        THE VILLAGE OFFICER
               MOOKKANNOOR VILLAGE OFFICE, ALUVA,
               ERNAKULAM - 683 577.

      5        AGRICULTURAL OFFICER
               KRISHIBHAVAN, MOOKKANNOOR, ERNAKULAM - 683 577.

      6        THE CONVENOR, LOCAL LEVEL MONITORING COMMITTEE
               KRISHIBHAVAN, MOOKKANNOOR, ALUVA,
               ERNAKULAM - 683 577.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  SATHISH NINAN, J.
         ==================
              W. P. (C) No.8834 of 2021
         ==================
          Dated this the 7th day of April, 2021

                      JUDGMENT

The applications submitted by the petitioner in

Form-5 and Form-6 under the Kerala Conservation of

Paddy land and Wetland Act seeking exclusion of the

property from the data bank maintained under the

Act and seeking change of nature are pending

consideration.

2. The first respondent shall initially take up

the Form-5 application and consider the same on

obtaining necessary reports regarding the nature of

the land, and pass appropriate orders. If orders

are passed excluding the property from the data

bank, then the Form-6 application shall be taken up

and appropriate orders passed in accordance with

law. Let the endeavour be completed within a period

of four months from the date of receipt of a copy

of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.8834 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT WITH NO.6096938 DATED 05/12/2017.

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT WITH NO.KL07040906771/2020 DATED 12/10/2020.

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 03/10/2008 IN WPC 29142/2008.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC 7446/2011 DATED 07/06/2016.

EXHIBIT P5 THE TRUE COPY OF THE RELEVANT PAGES OF THE LAND DATABANK DATED 13/12/2017.

EXHIBIT P6 THE TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 28/8/2018.

EXHIBIT P7 THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 03/12/2018.

EXHIBIT P8 THE TRUE COPY OF THE FORM V APPLICATION BEFORE THE 2ND RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT UNDER FORM-6.

EXHIBIT P10 THE TRUE COPY OF THE CHALLAN FOR THE APPLICATION UNDER FORM TR-12 DATED 26/03/2021.

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