Citation : 2021 Latest Caselaw 13624 Ker
Judgement Date : 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 13096 OF 2021
PETITIONER:
MEERA.K.G, W/O SHYJU,
AGED 34 YEARS
ULLAZHIKAM HOUSE, KADAKKAVOOR PO, CHIRAYINKEEZHU,
TRIVANDRUM.
BY ADV S.NIDHEESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, TRIVANDRUM - 695001.
2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE,
TRIVANDRUM - 695001.
3 THE TAHSILDAR, TALUK OFFICE, CHIRAYINKEEZHU, PIN 695304.
4 THE LOCAL LEVEL MONITORING COMMITTEE, VAKKOM GRAMA
PANCHAYATH, REP. BY ITS CONVENER, VAKKOM, PIN 695308.
5 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VAKKOM - 695308.
BY GOVT. PLEADER SRI.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.13096 of 2021
==================
Dated this the 1st day of July, 2021
JUDGMENT
The 3.90 Ares of property belonging to the
petitioner, though lying as a "Purayidom", has been erroneously entered in the Data Bank maintained
under the Kerala Conservation of Paddy land and
Wetland Act, and revenue records as "Nilam",
contends the petitioner. According to her, the
property had been lying as "Purayidom" for the past
more than 80 years. The petitioner has filed
applications in Form-5 and Form-9 of the Kerala
Conservation of Paddy land and Wetland Rules
seeking removal of the property from the data bank
and also for change of user. The petitioner claims
that the adjacent property of similar nature was
removed from the data bank and change of user
granted, as is evidenced by Ext.P2. It is for the
second respondent to consider the applications on
its merits and pass appropriate orders. W. P. (C) No.13096 of 2021
2. The writ petition is disposed of directing
the second respondent to initially consider Ext.P1
application (Form-5) on obtaining relevant
materials and verifying the same, and pass
appropriate orders thereon. If orders are passed
excluding the property from the data bank, then he
shall consider Ext.P3 application (Form-9) and pass
appropriate orders thereon. The petitioner shall be
permitted to produce materials/documents, in
support of her claim. Let the proceedings be
completed within a period of four months from the
data of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy// P.S. to Judge WP(C) NO. 13096 OF 2021 APPENDIX PETITIONER'S EXTS:-
EXT.P1 TRUE COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 25.02.2021.
EXT.P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 10.12.20.
EXT.P3 TRUE COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL
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