M/S Ernakulam Realtors Private ... vs State Of Kerala
2021 Latest Caselaw 9922 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7690 OF 2021(I)

PETITIONER:

               M/S ERNAKULAM REALTORS PRIVATE LIMITED
               SECOND FLOOR,DD TRADE TOWER, KALOOR, KADAVANTHRA
               ROAD, KALOOR, KOCHI-17.
               REPRESENTED BY LUCKACHAN K.P,
               DIRECTOR, KUZHIKKATTUMAYALIL, 4/137 A, KUTTY SAHIB
               ROAD, SOUTH CHITTOOR, COCHIN-682027.

               BY ADVS.
               SMT.K.P.SANTHI
               SMT.TARA PREM
               SMT.NISHA G.THARAMAL
               SMT.SARIMOL KAREETHARA

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
               GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DISTRICT COLLECTOR,
               CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

      3        THE REVENUE DIVISIONAL OFFICER,
               FORTKOCHI-682001.

      4        THE LOCAL LEVEL MONITORING COMMITTEE,
               KRISHI BHAVAN, TRIPUNITHURA, PIN-682301, REPRESENTED
               BY THE CONVENER.

      5        THE AGRICULTURAL FIELD OFFICER,
               KRISHI BHAVAN, TRIPUNITHURA, PIN-682301.

      6        THE TAHSILDAR,
               KANAYANNUR TALUK,
               PARK AVENUE ROAD,
               KOCHI-682011.

               BY GOVT. PLEADER SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7690 OF 2021(I)

                                      2



                                JUDGMENT

Dated this the 24th day of March 2021

The petitioner confines his relief for an

expeditious consideration of Exts P10 to P12 applications

filed in Form No.5 in terms of Rule 4 of the Kerala

Conservation of paddyland and wetland Rules, seeking

removal of properties mentioned therein, from the Data

Bank. The petitioner relies on Ext P14 report of the

Kerala State Remote Environment Centre to substantiate

the physical status of the land.

The writ petition is disposed of directing the 3 rd

respondent to consider Exts P10 to P12 applications, on

obtaining necessary reports and with reference to Ext P14

report. Let orders be passed 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.7690 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE FAIR VALUE REGISTER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK IN RESPECT OF 1.25.44 HECTORS OF LAND IN SURVEY NOS.234/1,2,3 AND 32.78 ARES IN SURVEY NO.235/4/9(RESURVEY NO.2) NADAMA VILLAGE, KANAYANNUR TALUK.

EXHIBIT P3 TRUE COPY OF THE REPORT DATED 7.10.2013 OF THE VILLAGE OFFICER, NADAMA.

EXHIBIT P4 TRUE COPY OF THE REPORT DATED 19.10.2013 OF THE AGRICULTURAL FIELD OFFICER, TRIPUNITHURA.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 24.10.2013 OF THE TAHSILDAR, KANAYANNUR.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 8/11/2013 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 17.12.2013 IN WPC.NO.29869 OF 2013 OF THIS HONOURABLE COURT.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 2.02.2016 SUBMITTED TO THE 2ND RESPONDENT WITH RECEIPT.

EXHIBIT P8(A) TRUE COPY OF THE APPLICATION DATED 2.02.2016 SUBMITTED TO THE 2ND RESPONDENT WITH RECEIPT.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 29/03/2016 IN WPC NO.11715 OF 2016 OF THIS HONOURABLE COURT.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 21.07.2020 SUBMITTED TO THE 3RD RESPONDENT.

WP(C).No.7690 OF 2021(I)

EXHIBIT P11 TRUE COPIES OF THE APPLICATION DATED 21.7.2020 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPIES OF THE APPLICATION DATED 21.07.2020 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 8.2.2017 SUBMITTED TO 2ND RESPONDENT WITH RECEIPT.

EXHIBIT P14 TRUE COPY OF THE REPORT DATED 14.12.2020 OF THE KERALA STATE REMOTE SENSING ENVIRONMENT CENTRE .

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 23.12.2020 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 24.12.2020 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE REPORT DATED 3.3.2021 OF THE VILLAGE OFFICER, NADAMA.

EXHIBIT P18 TRUE COPY OF THE LETTER DATED 4.3.2021 OF THE 5TH RESPONDENT.

EXHIBIT P19 TRUE COPY OF THE NOTIFICATION DATED 10.02.2021 OF THE 4TH RESPONDENT INCLUDING RELEVANT PAGES OF THE DATA BANK.