Sunil K.K vs State Of Kerala
2021 Latest Caselaw 23704 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                         WP(C) NO. 27035 OF 2021
PETITIONER:

              SUNIL K.K
              AGED 57 YEARS
              S/O.LATE KRISHNANKUTTY, KUNDOLY HOUSE, TOPAZ-3191,
              SHOBHA CITY, PUZHAKKAL.P.O, THRISSUR-680553.
              BY ADV RAVI KRISHNAN
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2        THE DISTRICT COLLECTOR
              THRISSUR, FIRST FLOOR, CIVIL STATION,
              AYYANTHOLE, THRISSUR, KERALA-680003.
     3        THE REVENUE DIVISIONAL OFFICER
              THRISSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
              THRISSUR, KERALA-680003.
     4        THE LOCAL LEVEL MONITORING COMMITTEE
              REPRESENTED BY ITS CONVENER AND AGRICULTURE OFFICER,
              KRISHI BHAVAN, AYYANTHOLE, AYANTHOLE.P.O,
              THRISSUR DISTRICT-680003.
     5        THE AGRICULTURAL OFFICER,
              AYYANTHOLE, AYYANTHOLE.P.O, THRISSUR DISTRICT-680003.
     6        THE VILLAGE OFFICER,
              AYYANTHOLE VILLAGE, AYYANTHOLE.P.O,
              THRISSUR DISTRICT-680003.
              SRI.JACOB E SIMON, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27035 OF 2021

                                       2




                                JUDGMENT

The petitioner is the owner in possession of 4.05 Ares of land in Survey

No.341/P of Ayyanthole Village in Thrissur Taluk of Thrissur District. The

petitioner confines his relief for an expeditious consideration of Ext.P7

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 3rd respondent to consider Ext.P7 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

copy of this judgment.

WP(C) NO. 27035 OF 2021

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 27035 OF 2021

APPENDIX OF WP(C) 27035/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE REGISTERED DOCUMENT NO.2011 OF 2007 OF AYYANTHOLE SUB REGISTRY DATED 28.3.2007 Exhibit P2 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE KERALA GAZETTE DATED 31.3.2020 BY THE TAXES DEPARTMENT, GOVERNMENT OF KERALA Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 4.10.2021 Exhibit P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE ACTUAL LIE AND NATURE OF THE PETITIONER'S PROPERTY Exhibit P5 A TRUE COPY OF THE ORDER OF PASSED BY LOCAL LEVEL MONITORING COMMITTEE DATED 5.10.2018 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF NOTIFIED AND PUBLISHED DATA BANK WITH RESPECT TO THE PETITIONER'S PROPERTY 2021.

Exhibit P7 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 16.10.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL