Fathima vs State Of Kerala
2021 Latest Caselaw 6446 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.4103 OF 2021(K)


PETITIONER:

               FATHIMA
               AGED 48 YEARS
               W.O.ALIBAVA HAJI, CHANDAPARAMBIL HOUSE,
               KALADY P.O., PONNANI, MALAPPURAM DISTRICT,
               PIN-679 582.

               BY ADV. SRI.P.T.SHEEJISH

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPARTMENT OF LAND
               REVENUE, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
               PIN-695 001.

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM
               DISTRICT, PIN-676 504.

      3        THE REVENUE DIVISIONAL OFFICER,
               CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
               MALAPPURAM DISTRICT, PIN-676 101.

      4        THAHSILDAR,
               TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT,
               PIN-676 101.

      5        THE VILLAGE OFFICER, VATTAMKULLAM VILLAGE OFFICE,
               PONNANI, MALAPPURAM DISTRICT, PIN-676 105.

      6        DISTRICT AGRICULTURAL OFFICER,
               CONVENER, LOCAL LEVEL MONITORING COMMITTEE,
               2ND FLOOR, B3 BLOCK, CIVIL STATION ROAD, UP HILL,
               MALAPPURAM, KERALA-676 505.

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
          ==================
                W. P. (C) No.4103 of 2021
          ==================
         Dated this the 23rd day of February, 2021

                             JUDGMENT

The property of the petitioner having an extent

of 35.61 cents in RS 369/1 of Thavanoor village is included in the Data Bank maintained under the

Kerala Conservation of Paddy Land and Wetland Act,

2008, as "Paddy land". According to the petitioner,

the inclusion is erroneous since the property is

neither a wetland nor a paddy land. Seeking removal

of the entry from the data bank, he has submitted

Ext.P2 application before the 4th respondent-

Tahsildar. The petitioner seeks for an expeditious

consideration of the said application.

2. The learned Government Pleader points out

that Ext.P2 application, in Form No.5 of the Rules

for correction of the entry in the data bank, is to

be filed before the third respondent-Revenue

Divisional officer.

In view thereof, the writ petition is disposed

of directing the 4th respondent Tahsildar to forward W. P. (C) No.4103 of 2021

Ext.P2 application submitted by the petitioner, to

the third respondent-Revenue Divisional Officer

forthwith; the third respondent shall obtain

necessary reports, and consider and pass orders on

the application within a period of three 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.4103 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE IN RE-SURVEY NO.369/1 OF THAVANOOR VILLAGE, PONNANI MALAPPURAM DISTRICT 06.05.2019 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF FORM 5 APPLICATION FILED BY THE PETITIONER BEFORE 4TH RESPONDENT ON 04.02.2021.

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