Sunil Kumar vs State Of Kerala
2021 Latest Caselaw 16490 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                       WP(C) NO. 15779 OF 2021
PETITIONERS:

    1     SUNIL KUMAR
          AGED 51 YEARS
          S/O.NARAYANAN KUTTY, PANDARATHIL PARAMBIL,
          IRUMBUNAM(P.O),THIRUVANANTHAPURAM VILLAGE, KANAYANNUR
          TALUK, ERNAKULAM.
    2     SANTHOSH,
          AGED 33 YEARS, S/O.NARAYANAN KUTTY, PANDARATHIL
          PARAMBIL, IRUMBANAM(P.O),THIRUVANKULAM VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM.
    3     SREEKUMAR,
          AGED 31 YEARS, S/O. NARAYANAN KUTTY, PANDARATHIL
          PARAMBIL, IRUMBANAM (P.O),
          THIRUVANKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM.

          BY ADV K.DILIP


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO REVENUE
          DEPARTMENT,GOVERNMENT SECRETARIAT,TRIVANDRUM-01.
    2     THE LOCAL LEVEL MONITORING COMMITTEE,
          CONVENED BY THE AGRICULTURAL OFFICER, KRISHI
          BHAVAN,MINI CIVIL STATION, TRIPPUNITHURA,
          ERNAKULAM, PIN-682301.
    3     THE VILLAGE OFFICER
          NADAMA, POST OFFICE ROAD, TRIPPUNITHURA, ERNAKULAM
          DISTRICT,PIN-682301.
    4     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI,PIN-682001.


          GOVERNMENT PLEADER .SRI.HANIL KUMAR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.15779 OF 2021          2




                           JUDGMENT

Dated this the 5th day of August 2021

The petitioners are jointly in possession and

ownership of property having an extent of 08.91 Are (22

cents) comprised in survey number 305/3/47 of Trippunithura

Municipality in Kanayannur Taluk of Ernakulam district. The

petitioners have filed Ext.P5 application in Form No.5 under

the Kerala Conservation of Paddy Land and Wet land Rules,

2008 (for short "the Rules") before the 4th respondent on

15.01.2021 for removing the land in question from the Data

Bank. The petitioners have also filed Ext.P6 application before

the 4th respondent under the said Rules. The petitioners are

aggrieved by delay in disposal of the aforesaid applications.

2. Heard the learned counsel for the petitioner as well

as the learned Government Pleader appearing for the

respondents.

3. There will be a direction to the 4 th respondent to

consider and dispose of Ext.P5 application submitted by the

petitioner within a period of three months from the date of

receipt of a copy of this judgment and thereafter, if the

property is removed from the Data Bank, Ext.P6 application

shall be considered by the 4th respondent, within a period of

two months. The petitioners shall produce a copy of the writ

petition along with the exhibits and a certified copy of the

judgment before the 4th respondent for compliance.

This writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SMF

APPENDIX OF WP(C) 15779/2021

PETITIONERS' EXHIBITS:

Exhibit P1 A TRUE COPY OF THE JENM ASSIGNMENT DEED NO.1864/05 DAZTED 29/03/05 OF SRO COCHIN Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 14/09/2020 ISSUED BY THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE 3RD RESPONDENT HEREIN DATED 14/09/2020 Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK ISSUED BY THE 2ND RESPONDENT DATED 15/03/2019 Exhibit P5 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 15/01/2021 Exhibit P6 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 15/01/2021 Exhibit P7 A TRUE COPY OF THE RECEIPT ISSUED ON PAYMENT OF THE PRESCRIBED FEE FOR THE FORM 6 APPLICATION DATED 15/01/2021.

//TRUE COPY//

PA TO JUDGE