Asya vs The Revenue Divisional Officer
2021 Latest Caselaw 14708 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                             WP(C) NO. 13996 OF 2021
PETITIONER:

              ASYA
              AGED 49 YEARS
              D/O KOPILAN ABDU, ALUNGAL HOUSE, THARIS PO, KARUVARAKUNDU,
              MALAPPURAM DISTRICT, PIN 676523.

              BY ADV G.SANTHOSH KUMAR (P).



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,
              MALAPPURAM - 679322.

     2        THE TAHASILDAR, TALUK OFFICE, CHANDAKKUNNU PO, NILAMBUR,
              MALAPPURAM PIN 679342.

     3        THE VILLAGE OFFICER, VILLAGE OFFICE, KARUVARAKUNDU,
              MALAPPURAM PIN 676523.

     4        THE LOCAL LEVEL MONITORING COMMITTEE, REP. BY ITS CONVENER
              (AGRICULTURAL FIELD OFFICE), KARUVARAKUNDU KRISHI BHAVAN,
              MALAPPURAM PIN 676523.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.13996 of 2021
          ==================
          Dated this the 14th day of July, 2021

                               JUDGMENT

Exts.P3 and P4 applications filed by the

petitioner in Form No.5 and Form No.6 of the Kerala Conservation of Paddy land and Wetland Rules

seeking exclusion of the property from the data

bank and for change of nature, are pending

consideration before the first respondent.

According to the petitioner, the property in

question is a garden land and the property has been

erroneously included in the data bank published

under the Act. It is for the first respondent to

consider the applications on its merits and pass

appropriate orders.

2. Without expressing anything on merits, the

writ petition is disposed of directing the first

respondent to initially consider Ext.P3 application

(Form No.5) on obtaining and verifying relevant

materials. If orders are passed excluding the

property from the data bank, then Ext.P4 W. P. (C) No.13996 of 2021

application in Form No.6 shall be taken up,

considered and appropriate orders passed. Let the

proceedings be completed within a period of five

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. 13996 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF THE LATEST TAX RECEIPT DATED 24.06.21 ISSUED BY THE VILLAGE OFFICER, KARUVARAKUNDU VILLAGE.

EXT.P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED BY THE VILLAGE OFFICER, KARUVARAKUNDU SHOWING THE PETITIONER'S PROPERTY.

EXT.P3 TRUE COPY OF THE APPLICATION DATED 29.06.21 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P4 TRUE COPY OF THE APPLICATION DATED 29.06.21 ALONG WITH POSTAL RECEIPT DATED 30.06.21 CHELAN SHOWING PAYMENT OF FEES PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P5 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTY.

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