Shamjith vs Palakkad Municipality
2021 Latest Caselaw 10186 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7816 OF 2021(B)


PETITIONER:

      1        SHAMJITH
               AGED 37 YEARS
               S/O ARUMUKHAN,
               PANIKKATH KALAM HOUSE, THACHANGAD P.O,
               PALAKKAD-678571.

      2        ASHLY
               AGED 35 YEARS
               S/O ARUMUKHAN,
               PANIKKATH KALAM HOUSE, THACHANGAD P.O, PALAKKAD-
               678571.

               BY ADV. SRI.ARAVIND GHOSH

RESPONDENTS:

      1        PALAKKAD MUNICIPALITY
               SANTHINAGAR, KUNNATHURMEDU,
               PALAKKAD, KERLA-688001, REPRESENTED BY ITS SECRETARY.

      2        REVENUE DIVISIONAL OFFICER,
               PALAKKAD, PARAKKUNNAM, VIDYUTHI NAGAR,
               PALAKKAD-678001.

      3        AGRICULTURAL OFFICER,
               KRISHIBHAVAN,
               PALAKKAD MUNICIPALITY,
               CIVIL STATION, PALAKKAD-678001.

      4        PRINCIPAL SECRETARY,
               LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      5        PRINCIPAL SECRETARY,
               REVENUE DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      6        PRINCIPAL SECRETARY,
               AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.
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WP(C).No.7816 OF 2021(B)




      7      CHIEF SECRETARY TO GOVERNMENT OF KERALA,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

             BY ADV BINOY VASUDEVAN
             BY GOVERNMENT PLEADER: ADV.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 3
WP(C).No.7816 OF 2021(B)




                           JUDGMENT

The property of the petitioners, having an extent of

5.75 cents, is included in the Data Bank maintained

under the Kerala Conservation of Paddy Land and

Wetland Act 2008 ('The Act' for short). The petitioners

have filed Ext.P6 application in Form No.5 seeking

exclusion of the property from Data Bank. Though report

has been obtained pursuant to the said application from

the Agricultural Officer, orders are yet to be passed on

the application, laments the petitioners.

The writ petition is disposed of directing the 2 nd

respondent to consider and pass orders on Ext.P6

application (Form 5) on obtaining necessary reports, as

expeditiously as possible and at any rate, within a period

of two months from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.7816 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE GIFT DEED NO.

2599/2016 OF SRO, PALAKKAD DATED 7/05/2016.

EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6.01.2020.

EXHIBIT P3 THE TRUE COPY OF THE E-FILING RECEIPT FOR THE SUBMISSION OF PETITIONERS DATED 1.01.2020.

EXHIBIT P4 THE TRUE COPY OF THE PERMIT TO THE PETITIONERS DATED 1.01.2020.

EXHIBIT P5 THE TRUE COPY OF THE PERMISSION GRANTED BY THE AUTHORITY UNDER ANCIENT MONUMENTS & ARCHAEOLOGICAL SITES AND REMAINS ACT, KERALA CIRCLE DATED 22.12.2018.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT 18/02/2020.

EXHIBIT P7 THE TRUE COPY OF THE LETTER FORWARDED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT 18/02/2020.

EXHIBIT P8 THE TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL FILED OFFICER, PALAKKAD TO THE 2ND RESPONDENT DATED 26.02.2021.