Toms Shaji vs The Revenue Divisional ...
2021 Latest Caselaw 9690 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.7384 OF 2021(W)


PETITIONER:

               TOMS SHAJI, AGED 32,
               S/O. SHAJI MATHEW, JYOTHIS, VADEKKEDATHUKAVU P.O.,
               ADOOR, PATHANAMTHITTA DISTRICT,PIN-691 529,
               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-683 102

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

      4        THE DIRECTOR
               KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
               (KSREC), C BLOCK, VIKASB HAVAN,
               THIRUVANANTHAPURAM-695 033

               BY GOVT. PLEADER SRI.RAVI KRISHNAN

     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.7384 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.7384 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.7384 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 05.01.2021

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.REV-P1/55/2020 REVENUE (P) DEPARTMENT DATED 30.04.2020

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