Dilkumar vs The State Of Kerala
2021 Latest Caselaw 23717 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. 27093 OF 2021
PETITIONER:

              DILKUMAR,
              AGED 62 YEARS
              S/O. C.G.NARAYANAN, RESIDING IN THE ADDRESS
              CHAKKUNGATHODIYIL HOUSE, PAZHAYI P.O., PAZHAYI DESOM,
              NENMANIKKARA VILLAGE, THRISSUR DISTRICT-680 301.
              BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:

     1        THE STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE
              DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
              P.O., THIRUVANANTHAPURAM DISTRICT-695 001.
     2        THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, IRINJALAKKUDA
              REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
              IRINJALAKKUDA, THRISSUR DISTRICT-680 121.
     3        THE VILLAGE OFFICER,
              OFFICE OF THE NENMANIKKARA VILLAGE OFFICE,
              NENMANIKKARA P.O., THRISSUR DISTRICT-680 301.
     4        THE CONVENER,
              LOCAL LEVEL MONITORING COMMITTEE,
              OFFICE OF THE LOCAL LEVEL MONITORING COMMITTEE,
              NENMANIKKARA GRAMA PANCHAYATH, THRISSUR DISTRICT-680 301.
              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. 27093 OF 2021

                                       2


                                JUDGMENT

The petitioner is the owner in possession of a total extent of 32.88 Ares

of land in Survey Nos.1396/3-3 and 1396/3-4 of Nenmanikkara Village in

Mukundapuram Taluk, Thrissur District. The petitioner confines his relief for

an expeditious consideration of Ext.P4 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.P4 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 four months from the date of receipt of a

copy of this judgment. The petitioner shall produce a copy of the writ petition WP(C) NO. 27093 OF 2021

along with a copy of this judgment before the 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 27093 OF 2021

APPENDIX OF WP(C) 27093/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE DOCUMENT BEARING NO.3576/2007 OF THE NELLAYI SRO DATED 22.10.2009 Exhibit P2 A TRUE COPY OF THE TAX PAID RECEIPT ISSUED BY THE NENMANIKKARA VILLAGE OFFICER DATED 23.03.2021.

Exhibit P3 A TRUE COPY OF THE SKETCH OF THE LAND IN QUESTION PREPARED DATED NIL.

Exhibit P4 A TRUE COPY OF THE FORM NO.5 SUBMITTED BY THE PETITIONER DATED 30.10.2021.

Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 06.08.2021. Exhibit P6 A TRUE COPY OF THE RECEIPT FOR PAYMENT OF MONEY DATED 20.07.2021.

Exhibit P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 17.08.2021. RESPONDENTS' EXHIBITS: NIL