Gireesh Babu vs The District Collector, ...
2021 Latest Caselaw 23401 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                         WP(C) NO. 26529 OF 2021
PETITIONER:

              GIREESH BABU,
              AGED 42 YEARS
              S/O.GANGADHARAN, KRISHNA BHAVAN, ATHANI P.O.,
              ALUVA, ERNAKULAM DISTRICT.
              BY ADV V.A.VINOD
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM-682 021.
     2        THE REVENUE DIVISIONAL OFFICER,
              K B JACOB ROAD, FORT KOCHI, ERNAKULAM-682 001.
     3        THE TAHASILDAR,
              ALUVA TALUK OFFICE, ALUVA, ERNAKULAM-683 101.
     4        THE VILLAGE OFFICER,
              CHENGAMANADU VILLAGE OFFICE,
              CHENGAMANADU, ERNAKULAM-691 557.
     5        THE AGRICULTURAL OFFICER,
              KRISHI BHAVAN, CHENGAMANADU AGRICULTURE OFFICE,
              KUNNUMPURAM, ERNAKULAM-683 102.
              SRI.P.S.APPU, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26529 OF 2021

                                      2




                                JUDGMENT

The petitioner is the owner in possession of 6.07 Ares of land in

Survey Nos.87/2-2-2 and 87/2-3-2 of Chengamanad Village, Aluva Taluk

in Ernakulam District. The petitioner confines his relief for an expeditious

consideration of Exts.P3 and P4 applications in Form Nos.5 and 6 under

the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking

deletion of entry relating to the subject property from the data bank and

seeking permission for use of land for other purposes. According to the

petitioner, the property is 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 2nd respondent to initially consider Ext.P3

application (Form No.5), after obtaining and verifying the relevant

materials and reports from the Agricultural Officer and to pass appropriate

orders thereon within a period of three months from the date of receipt of a WP(C) NO. 26529 OF 2021

copy of this judgment. If orders are passed excluding the property from

the data bank, then, Ext.P4 application (Form No.6) shall also be taken up

for consideration and appropriate orders shall be passed thereon within a

period of three months thereafter. The RDO shall consider all relevant

matters and shall obtain reports from the concerned Village Officer as

well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 26529 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.06.2020. Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN FORM 5 DATED 07.01.2021. Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN FORM 6 DATED 04.01.2021. Exhibit P5 THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEES FOR CHANGE OF NATURE OF LAND DATED 02.12.2020.

RESPONDENT'S/S EXHIBITS: NIL