Winsent Thomas vs The Revenue Divisional ...
2021 Latest Caselaw 9689 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7385 OF 2021(W)


PETITIONER:

               WINSENT THOMAS, AGED 59,
               S/O. G. THOMAS, VALLIATHU, THODUVACADU, EZHAMKULAM
               ADOOR, PATHANAMTHITTA DISTRICT PIN 691 554
               REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
               VARGHESE THARAKAN C, AGED 52,S/O. V.C CHACKO
               THARAKAN, ANUGRAHA, LEKSHMY NAGAR, OORUTTUKALA
               NEYYATTINKARA, 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, PIN 682 001

      2        THE AGRICULTURAL OFFICER,
               KRISHI BHAVAN, CHENGAMANADU, DESOM P.O, ALUVA,
               ERNAKULAM, PIN 683102

      3        THE VILLAGE OFFICER,
               CHENGAMANADU VILLAGE, DESOM P.O, ALUVA TALUK,
               ERNAKULAM, PIN 683102

      4        THE DIRECTOR,
               THE KERALA STATE REMOTE SENDING AND ENVIRONMENT
               CENTRE, (KSREC), C BLOCK, VIKAS BHAVAN,
               THIRUVANTHAPURAM.

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 SATHISH NINAN, J.
       ==================
            W. P. (C) No.7385 of 2021
       ==================
       Dated this the 23rd day of March, 2021

                    JUDGMENT

Seeking removal of the petitioner's property

from the notified data bank, the petitioner has

submitted Ext.P3 application in Form No.5 under the

Kerala Conservation of Paddy land and Wetland Act

and Rules thereunder. All that the petitioner seeks

for is an expeditious consideration of the said

application in the light of law laid down by this

Court in Adani Infrastructures and Developers Pvt.

Ltd. v. State of Kerala [2014 (1) KLT 774] and in

Lalu v. State of Kerala [2020 (5) KLT 712] as well

as Ext.P4 circular dated 30.04.2020.

2. The writ petition is disposed of directing

the first respondent to consider the application in W. P. (C) No.7385 of 2021

Form No.5 in accordance with law, on obtaining the

necessary reports, and pass appropriate orders 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 WP(C).No.7385 OF 2021(W)

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 26-02-2021

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.

REV.P1/55/2020 REVENUE (P0 DEPARTMENT DATED 30-04-2020

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