Kerala High Court
Mohammed Ashraf vs The Local Level Monitoring ... on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 7185 OF 2021
PETITIONER:
MOHAMMED ASHRAF
AGED 67 YEARS
GHAZAL, HOUSE NO.50, 6TH LINK PARK CROSS ROAD,
P.J.ANTONYROAD, PACHALAM, ERNAKULAM, COCHIN-682 012.
BY ADVS.
P.CHANDRASEKHAR
SRI.K.K.MOHAMED RAVUF
SHRI.SATHEESH V.T.
SMT.RANI MADHU
SMT.MANJARI G.B.
SMT.S.JASMINE
RESPONDENTS:
1 THE LOCAL LEVEL MONITORING COMMITTEE
THIRUVANANTHAPURAM MUNICIPAL CORPORATION, REPRESENTED BY
ITS CONVENOR, AGRICULTURAL OFFICER, KRISHIBHAVAN, SABHALYAM
COMPLEX, PALAYAM, THIRUVANANTHAPURAM-695 034.
2 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, SABHALYAM COMPLEX, PALAYAM,
THIRUVANANTHAPURAM-695 034.
3 THE SECRETARY, THIRUVANANTHAPURAM MUNICIAPL CORPORATION,
KRISHIBHAVAN, SABHALAYAM COMPLEX, PALAYAM,
THIRUVANANTHAPURAM-695 034.
* ADDL. R4
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, IST FLOOR,
KUDAPANAKUNNU, THIRUVANANTHAPURAM - 695 043.
[ADDITIONAL RESPONDENT IS IMPLEADED AS PER ORDER DATED
28.06.2021 IN I.A.NO.2/2021 IN WP(C)7185/2021.]
WP(C) NO. 7185 OF 2021 -2-
*[ADDL. 4TH RESPONDENT IS IMPLEADED AS PER ORDERS OF THIS COURT DATED
28.06.2021 IN IA 2/2021 IN WP(C) 7185/2021].
BY ADVS.
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
SRI.N.NANDAKUMARA MENON (SR.)
SRI.P.K.MANOJKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.7185 of 2021
==================
Dated this the 22nd day of July, 2021
JUDGMENT
An extent of 1 acre 90 cents of property
belonging to the petitioner, which is a garden
land, has been erroneously included in the Data
Bank maintained under the Kerala Conservation of
Paddy land and Wetland Act, contends the
petitioner. Seeking removal of the entry relating
to his property from the Data Bank, the petitioner
has submitted Ext.P12 application before the
additional 4th respondent-Revenue Divisional
Officer. The petitioner confines his relief for an
expeditious consideration of the said application.
2. Without expressing anything on merits, the
writ petition is disposed of directing the 4 th
W. P. (C) No.7185 of 2021
respondent to consider and pass orders on Ext.P12
application (Form No.5), on obtaining and verifying
the relevant records, as expeditiously as possible
and at any rate 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
APPENDIX OF WP(C) 7185/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED NO.1876
OF 1973.
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT NO.0952058
DATED 09.02.2021 ISSUED BY THE VILLAGE
OFFICER, MUTTATHARA VILLAGE TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE SATELLITE MAP OF THE AREA
WHERE THE PETITIONER'S LAND IS SITUATED FOR
THE YEAR 2003.
EXHIBIT P4 TRUE COPY OF THE AREA WHERE THE PETITIONER'S
LAND IS SITUATED FOR THE YEAR 2009.
EXHIBIT P5 TRUE COPY OF THE DRAFT DATA BANK PUBLISHED BY
THE 1ST RESPONDENT ALONG WITH COVERING LETTER
DATED 24.08.2020 OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COVERING LETTER DATED
26.02.2021 OF THE KERALA STATE REMOTE SENSING
AND ENVIRONMENT CENTRE (KSREC) TO THE 2ND
RESPONDENT ALONG WITH REPORT.
EXHIBIT P7 TRUE PHOTOGRAPHS OF THE PETITIONER'S LAND.
EXHIBIT P8 TRUE COPY OF NOTIFICATION NO.E 16/51965/17
DATED 22.01.2021 ALONG WITH RELEVANT PAGE OF
THE DATA BANK PUBLISHED BY THE 3RD
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 01.03.2021
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXT.P10 TRUE COPY OF THE JUDGMENT DATED 13.6.17 IN WA
571/17.
EXT.P11 TRUE COPY OF THE NOTIFICATION DATED 30.5.17
OF THE GOVERNMENT OF KERALA.
APPENDIX OF WP(C) 7185/2021
EXT.P12 TRUE COPY OF THE APPLICATION DATED 29.6.21
SUBMITTED BY THE PETITIONER TO THE REVENUE
DIVISIONAL OFFICER, THIRUVANANTHAPURAM.
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