Kerala High Court
Arun P Balakrishnan vs State Of Kerala on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.5203 OF 2021(A)
PETITIONER:
ARUN P BALAKRISHNAN, AGED 38 YEARS
S/O. C.P. BALAKRISHNAN, PEZHUNGAL HOUSE,
H.M.T COLONY P.O, ERNAKULAM DISTRICT-683 503
BY ADV. SRI.AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, KRISHI BHAVAN, KALAMASSERY, VADACODE
P.O,
ERNAKULAM DT. 682 021.
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KALAMASSERY, VADACODE P.O,
ERNAKULAM DISTRICT-682 021
4 DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM-682 030
W.P.(C) No.5203 of 2021 2
5 REVENUE DIVISIONAL OFFICER,
OFFICE OF REVENUE DIVISIONAL OFFICER, FORT
KOCHI, PIN-682 001
OTHER PRESENT:
GP. RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5203 of 2021 3
W.P.(C) No.5203 of 2021
-----------------------------------------------
JUDGMENT
Ext.P7 is an application preferred by the petitioner in
Form No.5 of the Kerala Conservation of Paddy Land and Wetland
Rules for removal of the property of the petitioner referred to in the
writ petition from the data bank prepared in terms of the Kerala
conservation of Paddy Land and Wetland Act, 2008. The grievance
of the petitioner in the writ petition concerns the inaction on the
part of the fifth respondent in taking a decision on Ext.P7
application.
2. Heard the learned counsel for the petitioner as
also the learned Government Pleader.
3. Having regard to the facts and circumstances of
the case and the orders passed by this court in similar and
identical writ petitions, I deem it appropriate to dispose of the writ
petition directing the fifth respondent to take up and pass
appropriate orders on Ext.P7 in accordance with law, if the same is
received and pending, after affording the petitioner an opportunity
of hearing. Ordered accordingly. This shall be done within three
months from the date of production of a copy of this judgment
along with a copy of the writ petition by the petitioner. If the
application directed to be disposed of is found defective, the defect
shall be intimated to the petitioner by the fifth respondent
immediately on production of a copy of this judgment, and the fifth
respondent will be entitled to avail the time taken by the petitioner
to cure the defects in the said application also, for compliance of
the directions contained in the judgment. It is made clear that the
hearing in terms of this judgment can either be physical or through
video conference.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Ds 01.03.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A COPY OF THE RELEVANT PAGE OF DATA
BANK REGISTER ISSUED BY THE
AGRICULTURAL OFFICER SHOWING THE
PETITIONERS PROPERTIES.
EXHIBIT P2 A COPY OF APPLICATION FILED BY THE
PETITIONER TOWARDS THE CORRECTION OF
DATA BANK REGISTER.
EXHIBIT P3 A COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER DATED 14.12.2017.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATD
15.01.2018 IN W.P.C NO. 1333/2018
EXHIBIT P5 A COPY OF THE REPORT SUBMITTED BY THE
KSREC.
EXHIBIT P6 A COPY OF THE ORDER NO. KLMY 5/2019-
20 DATED 10.02.2020 OF AGRICULTURAL
OFFICER ALONG WITH THE RELEVANT PART
OF MINUTES OF 2ND RESPONDENT.
EXHIBIT P7 A COPY OF THE APPLICATION DATED
14.11.2020 SUBMITTED BEFORE THE RDO
FOR CORRECTION OF THE ENTRIES OF THE
DATA BANK REGISTER ALONG WITH ITS
POSTAL ACKNOWLEDGEMENT.
