Ratheesh R P vs The District Collector
2021 Latest Caselaw 21928 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        WP(C) NO. 23975 OF 2021
PETITIONER/S:

          RATHEESH R P
          AGED 48 YEARS
          S/O KUNJIKELAN,
          RAMANPARAMBATHU HOUSE,
          THALAKKULATHUR P.O, THALAKKULATHUR, KOZHIKODE-673317.

          BY ADVS.
          N.KRISHNA RAJA MAULI
          N.G.ANITHA



RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          WAYANAD ROAD, CIVIL STATION, ERANHIPALAM, KOZHIKODE-
          673020.

    2     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, CIVIL STATION JUMA MASJID,
          ERANHIPALAM, KOZHIKODE-673020.

    3     THE TAHSILDAR
          KOZHIKODE TALUK OFFICE, WAYAND ROAD, CIVIL STATION,
          ERANHIPALAM, KOZHIKODE-673020.

    4     THE VILLAGE OFFICER
          THELAKKULATHUR VILLAGE OFFICE, PARAMBATH,
          THALAKULATHUR-673317.

    5     THE AGRICULTURAL OFFICER
          THALAKKULATHUR KRISHI BHAVAN, POST EDAKKARA,
          THALAKKULATHUR-673616.

          BY SRI APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23975 OF 2021
                                      -2-




                            JUDGMENT

The petitioner is the owner in possession of 6.17 Ares of land in

Survey No.190/34 in Block No.3 of Thalakulathur Village in Kozhikode

Taluk of Kozhikode District. The petitioner confines his relief for an

expeditious consideration of Ext.P3 application in Form No.5 under the

proviso to Section 5(4) of the Kerala Conservation of Paddy land and

Wetland Act, 2008, seeking deletion of entry relating to the subject

property from the data bank. According to the petitioner, the

property is a garden land and has been erroneously included in the

data bank.

2. Having heard the learned Government Pleader also and

without expressing any view on the merits of the matter, this writ

petition is disposed of directing the RDO/2nd respondent to consider

Ext.P3 application (Form No.5), after obtaining all necessary inputs

including the report of the Agricultural Officer and to pass appropriate

orders thereon. The entire proceedings shall be completed within a WP(C) NO. 23975 OF 2021

period of four months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

uu 03.11.2021 WP(C) NO. 23975 OF 2021

APPENDIX OF WP(C) 23975/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.02.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 29.07.2021.

Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 03.04.2021 ISSUED BY THE 5TH RESPONDENT.