Aseem V.Panicker vs The District Collector
2021 Latest Caselaw 17714 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                         WP(C) NO. 17344 OF 2021
PETITIONER:
              ASEEM V.PANICKER
              AGED 52 YEARS
              S/O K.S. VISWANATHA PANICKER,
              SANTHI BAVAN,
              KANGAZHA P.O,
              KOTTAYAM-686541.

              BY ADV N.KRISHNA RAJA MAULI


RESPONDENTS:
     1     THE DISTRICT COLLECTOR
           KOTTAYAM-KUMILY ROAD,
           DISTRICT COLLECTORATE,
           KOTTAYAM-686002.

     2        THE REVENUE DIVISIONAL OFFICER
              KOTTAYAM REVENUE DIVISIONAL OFFICE,
              SECOND FLOOR, MINI CIVIL STATION,
              UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM-686001.

     3        THE TAHASILDAR
              CHANGANASSERY TALUK OFFICE, KACHERY ROAD, OPPOSITE
              GOVERNMENT MODEL HSS, CHANGANASSERY, KOTTAYAM-686101.

     4        THE VILLAGE OFFICER
              CHETHIPUZHA VILLAGE OFFICE, FH66+X5W, VALIAKULAM,
              CHANGANASSERY, KOTTAYAM-686104.

     5        THE AGRICULTURAL OFFICER
              CHETHIPUZHA KRISHIBHAVAN, FH62+6W5.CHANANGANASSERY,
              KOTTAYAM-686104.


OTHER PRESENT:
           SMT. SURYA BINOY.B.-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17344 OF 2021
                                 2

                            JUDGMENT

The petitioner confines his relief for an expeditious

consideration of Exts.P3 and P4 applications in Form Nos.5 and

6 of the Kerala Conservation of Paddy land and Wetland Act,

2008, seeking deletion of entry relating to the subject property

from the data bank and seeking permission for change of

nature. According to the petitioner, the property is a dry land

and has been erroneously included in the data bank

2. Without expressing anything on merits, the writ

petition is disposed of directing the 2 nd respondent to initially

consider Ext.P3 application (Form No.5), on obtaining and

verifying all relevant materials including reports of the 4 th and

5th respondents which shall be duly submitted for a proper

consideration of the applications 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 taken

up for consideration and appropriate orders passed. Let the WP(C) NO. 17344 OF 2021

proceedings be completed within a period of four months from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

bng/27.08.2021 WP(C) NO. 17344 OF 2021

APPENDIX OF WP(C) 17344/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 16.06.2021.

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 26.07.2021.

Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 26.07.2021.

Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 07/07/2021.