Citation : 2021 Latest Caselaw 16151 Ker
Judgement Date : 3 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
WP(C) NO. 15455 OF 2021
PETITIONER:
BINDU VINEETH
AGED 46 YEARS
W/O. M.VINEETH, MANGATTU HOUSE, PALARIVATTOM P.O.,
ERNAKULAM-682 025
BY ADV N.KRISHNA RAJA MAULI
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM-682 021
2 THE REVENUE DIVISIONAL OFFICER,
K.B.JACOB ROAD, FORT KOCHI, ERNAKULAM-682 001
3 THE TAHASILDAR,
KANAYANNUR TALUK OFFICE, KANAYANNUR ,PARK AVE, NEAR SUBHASH
PARK, MARINE DRIVE, KOCHI, KERALA-682 011
4 THE VILLAGE OFFICER,
THRIKKAKARA NORTH VILLAGE OFFICE, KOONAMTHAI,PADIVATTOM,
ERNAKULAM, KERAL-682 024
5 THE AGRICULTURAL OFFICER,
KALAMASSERY KRISHI BHAVAN, KALAMASSERY, ERNAKULAM-683 104
BY GOVT. PLEADER SRI.P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W.P.(C) No.15455 of 2021
==================
Dated this the 3rd day of August, 2021
JUDGMENT
All that the petitioner seeks for is, an
expeditious consideration of Exts.P3 and P4 applications filed in Form Nos.5 and 6 of the
Kerala Conservation of Paddy land and Wetland
Rules, seeking deletion of the entry relating to
the property from the data bank and seeking
conversion/change of user.
2. According to the petitioner, the property in
question had been lying as a garden land much prior
to the coming into force of the Kerala Conservation
of Paddy land and Wetland Act, but has been
erroneously included in the data bank maintained
under the Act. It is for the second respondent to
consider the applications on its merits and pass
appropriate orders.
Without expressing anything on merits, the writ
petition is disposed of directing the second
respondent to initially consider Ext.P3 application W.P.(C) No.15455 of 2021
(Form No.5) on obtaining and verifying relevant
records and pass appropriate orders thereon. If
orders are passed excluding the property from the
data bank, then Ext.P4 application (Form No.6)
shall be considered and appropriate orders passed.
Let the proceedings be completed within a period of
six months from the date of receipt of a copy of
this judgment.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 15455/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 28.09.2020
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 27.01.2021
Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 27.01.2021
Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 27.01.2021
Exhibit P6 TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 16.02.2021
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