Sreedevi Vijayakumar vs The State Of Kerala
2021 Latest Caselaw 23149 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                        WP(C) NO. 26303 OF 2021
PETITIONER:

          SREEDEVI VIJAYAKUMAR
          AGED 46 YEARS
          W/O.VIJAYAKUMAR N.B., NEDUMKOMBIL HOUSE, VALLICHIRA
          P.O., KOTTAYAM DISTRICT - 686 592.

          BY ADV K.C.VINCENT



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE,
          THIRUVANANTHAPURAM - 695 001.

    2     THE REVENUE DIVISIONAL OFFICER
          CIVIL STATION, PALA, PALA P.O., KOTTAYAM - 686 575.

    3     THE TAHSILDAR (RECORDS)
          TALUK OFFICE, PALA, PALA P.O., KOTTAYAM - 686 575.

    4     THE VILLAGE OFFICER
          VILLAGE OFFICE, PULIYANNOOR, ARUNAPURAM P.O.,
          KOTTAYAM - 686 574.

    5     THE LOCAL LEVEL MONITORING COMMITTEE
          PALA, REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHI
          BHAVAN, PALA, PALA P.O.,KOTTAYAM - 686 575.



          SRI.APPU.P.S.-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26303 OF 2021

                                  2




                            JUDGMENT

The petitioner is the owner in possession of 3.10 Ares of land

in Re-Survey No.1/4-2 in Block No.80 of Puliyannoor Village in

Meenachil Taluk of Kottayam District. The petitioner confines her

relief for an expeditious consideration of Ext.P9 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 dry 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 2 nd respondent to consider

Ext.P9 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 period of three months from the date of receipt WP(C) NO. 26303 OF 2021

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 26303 OF 2021

APPENDIX OF WP(C) 26303/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 29/10/2019.

Exhibit P2 A TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED ON 01/11/2019.

Exhibit P3 A TRUE COPY OF THE SKETCH OF THE SUBJECT PROPERTY DATED NIL

Exhibit P4 A TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER DATED 02/12/2019.

Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK.

Exhibit P6 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DATED 28/12/2019.

Exhibit P7 A TRUE COPY OF THE SRO NO.369/2021 DATED 25/02/2021 PUBLISHED IN THE GAZETTE DATED 21/04/2021.

Exhibit P8 A TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFIED DATA BANK DATED NIL.

Exhibit P9 A TRUE COPY OF THE APPLICATION IN FORM 5 ALONG WITH RECEIPT DATED 15/11/2021.