Shaji Mathew vs The Revenue Divisional ...
2021 Latest Caselaw 9253 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.7096 OF 2021(J)


PETITIONER:

               SHAJI MATHEW, AGED 61,
               S/O. MATHAI, JYOTHIS, VADEKKEDATHUKAVU P.O. ADOOR,
               PATHANAMTHITTA DISTRICT 691 529.
               REPRESENTED BY HIS POWER OF ATTORNEY HOLDER VARGHESE
               THARAKAN C, AGED 52, S/O.V.C. CHACKO THARAKAN
               ANUGRAHA, LEKSHAMY NAGAR, OORUTTUKALA, NEEYATTINKARA,
               THIRUVANANTHAPURAM 695 121.

               BY ADVS.
               SRI.P.K.SOYUZ
               SRI.E.V.BABYCHAN

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
               RDO OFFICE, FORT KOCHI P.O. ERNAKULAM, 682 001.

      2        THE AGRICULTURAL OFFICER,
               KRISHI BHAVAN CHENGAMANADU, DESOM P.O. ALUVA,
               ERNAKULAM, 683 102.

      3        THE VILLAGE OFFICER, CHENGAMANADU VILLAGE, DESOM P.O.
               ALUVA TALUK, ERNAKULAM 683 102.

      4        THE DIRECTOR, KERALA STATE REMOTE SENSING AND
               ENVIRONMENT CENTRE (KSREC), C BLOCK, VIKHAS BHAVAN,
               THIRUVANANTHAPURAM 695 033.

               BY GOVT. PLEADER SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7096 OF 2021(J)

                                  2


                             JUDGMENT

Dated this the 19th day of March 2021

The petitioner is the owner of 37.08 Ares of property

comprised in RS 349/14-2-2, 343/14 and 343/9. Though the

entire property had been lying as a purayidom much prior to

the commencement of the Kerala Conservation of Paddyland

and Wetland Act (in short, 'the Act'), in the Data Bank

maintained under the Act an extent of 27.2 Ares in RS

343/14 and 343/9 from out of the total extent of the

property is seen wrongly recorded as paddy land. Seeking

removal of the entry from the Data Bank the petitioner has

submitted Ext P3 application in Form No.5 and the same is

pending consideration.

The writ petition is is disposed of directing the

first respondent to consider Ext P3 application, on

obtaining necessary reports, and pass appropriate orders

thereon 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 vdv WP(C).No.7096 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 04.02.2020.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK.

EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 05.01.2021.

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO. REV-

P1/55/2020 REVENUE (P) DEPARTMENT DATED 30.04.2020.