Nissy Saju vs The District Collector
2021 Latest Caselaw 13087 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                          WP(C) NO. 2725 OF 2021
PETITIONER:

              NISSY SAJU
              AGED 38 YEARS
              THANDIKAYIL VALAMBOORUKARAYIL,
              IKKARANAD NORTH,ERNAKULAM-682311.

              BY ADV SHRI.N.KRISHNA RAJA MAULI



RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              ERNAKULAM,ERNAKULAM-682030.

     2        THE REVENUE DIVISIONAL OFFICER,
              MOOVATTUPUZHA,ERNAKULAM-686661.

     3        THE TAHASILDAR,
              MUVATTUPUZHA TALUK OFFICE,
              ERNAKULAM-691532.

     4        THE VILLAGE OFFICER,
              VALAKOM VILLAGE OFFICE,
              ERNAKULAM-691532.

     5        LOCAL LEVEL MONITORIN COMMITTEE,
              VALAMOM GRAMA PANCHAYATH,
              REPRESENTED BY ITS CONVENER,
              (AGRICULTURAL OFFICE,KRISHIBHAVAN,
              VALAKOM),ERNAKULAM DISTRICT-691532.



              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  SATHISH NINAN, J.
         ==================
              W. P. (C) No.2725 of 2021
         ==================
         Dated this the 23rd day of June, 2021

                         JUDGMENT

According to the petitioner, the property

belonging to him having an extent of 4.05 Ares in Sy. No.34/2-2-2 of Valakam village, though is a

converted land, was erroneously included in the

Data Bank maintained under the Kerala Conservation

of Paddy land and Wetland Act and also in the

revenue records. Seeking removal of the property

from the data bank and also for change of user, the

petitioner filed applications in Form Nos.5 and 6

of the Kerala Conservation of the Paddy land and

Wetland Rules. The writ petition has been filed

seeking a direction for consideration of the said

applications.

2. During the pendency of the writ petition,

the application in Form No.5, seeking deletion of

the property from the data bank, has been granted

as is evidenced by Ext.P7 order dated 21.04.2021.

In view thereof, what remains for consideration is W. P. (C) No.2725 of 2021

Ext.P4 application filed in Form No.6.

Accordingly, the writ petition is disposed of

directing the second respondent to consider Ext.P4

application (Form No.6) on obtaining necessary

reports and on verification of the relevant

records, as expeditiously as possible and at any

rate 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 APPENDIX OF WP(C) 2725/2021

PETITIONER'S EXTS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE ABOVE PROPERTY DATED 26.08.2020.

EXHIBIT P2 TRUE COPY OF THE EXTRACT DATA BANK.

EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND THE SAME IS NUMBERED AS 322/2020 AND FORWARDED TO 5TH RESPONDENT FOR SUBMITTING REPORT DATED 14.12.2020

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 6 DATED 06.11.2020 AND THE SAME IS NUMBERED AS 716/2020 ON 06.11.2020 BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STAUTORY FEE DATED 12.10.2020

EXT.P6 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 11.12.2020

EXT.P7 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT REMOVING PETITIONER'S PROPERTY FROM THE DATA BANK DATED 21.04.2021.

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