Dinesan T.P vs The District Collector
2021 Latest Caselaw 23411 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. 26521 OF 2021
PETITIONERS:

     1     DINESAN T.P
           AGED 59 YEARS
           S/O BALAKRISHNAN NAIR, THACHADI PANAVIL HOUSE, MANASA,
           EDAKKAD P.O., KAROTTINKARA, WEST HILL, KOZHIKODE
     2     BABY SREE,
           AGED 50 YEARS
           W/O DINESAN T.P, THACHADI PANAVIL HOUSE, MANASA,
           EDAKKAD P.O., KAROTTINKARA, WEST HILL, KOZHIKODE
           BY ADV V.A.VINOD
RESPONDENTS:

     1     THE DISTRICT COLLECTOR
           CIVIL STATION, ERANHIPPALAM, KOZHIKODE-673 020
     2     THE REVENUE DIVISIONAL OFFICER
           CIVIL STATION, KOZHIKODE-673 020
     3     THE TAHASILDAR (LR)
           KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD,
           ERANHIPPALAM, KOZHIKODE-673 020
     4     THE VILLAGE OFFICER
           KAKKODI VILLAGE OFFICE, KOZHIKODE-673 611.
     5     THE AGRICULTURAL OFFICER,
           KRISHI BHAVAN, KAKKODI, KOZHIKODE-673 611
           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. 26521 OF 2021

                                         2




                                JUDGMENT

The 1st petitioner is the owner in possession of 2.287 Ares of land in

Survey No.1/6 and the petitioners are the owners in possession of 6.5965

Ares of land in Survey No.1/7 of Kakkodi Village, Kozhikode Taluk in

Kozhikode District. The petitioners confines their 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 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 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 period of three months from the date of receipt of a WP(C) NO. 26521 OF 2021

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 26521 OF 2021

APPENDIX OF WP(C) 26521/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.5.2020 Exhibit P1(A) TRUE COPY OF THE TAX RECEIPT DATED 25.5.2020 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 5.7.2021 Exhibit P4 THE RECEIPT EVIDENCING THE ACCEPTANCE OF EXT P3 APPLICATION AT THE OFFICE OF THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL