Citation : 2021 Latest Caselaw 21459 Ker
Judgement Date : 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 23618 OF 2021
PETITIONER:
A.P.ANNA
AGED 46 YEARS
D/O. PAILY, AKKAPADAIKKAL HOUSE, DOOR NO.CC
281673(51/1111), KADAVANTHRA DESOM, KADAVANTHRA P.O.,
ELAMKULAM VILLAGE, KANAYANNOOR TALUK, PIN-682020.
BY ADV T.K.AJITHKUMAR (VALATH)
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682001.
2 LOCAL LEVEL MONITORING COMMITTEE
CHERANELLOOR GRAMA PANCHAYAT,
SOUTH CHITTOOR P.O., PIN-682027, REPRESENTED BY THE
AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERANELLOOR,
SOUTH CHITTOOR P.O., PIN-682027.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23618 OF 2021
2
JUDGMENT
The petitioner is the owner in possession of 6.22 Ares of land in Survey
No.428/1 (Old Survey Nos.459, 460/1, 460/2 and 1268) in Block No.4 of
Cheranelloor Village in Kanayannur Taluk of Ernakulam District. After
mutation, the present survey number is 428/1-7-5. 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
converted dryland 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 1st 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 three months from the
date of receipt of a copy of this judgment. The petitioner shall produce a
copy of the writ petition along with a copy of this judgment before the 1 st WP(C) NO. 23618 OF 2021
respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 23618 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED NO.2988/2015 DATED 6.7.2015.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.12.2020 ISSUED BY THE CHERANELLOORE VILLAGE OFFICE.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF ACKNOWLEDGMENT DATED 6.10.2021.
RESPONDENT'S/S EXHIBITS: NIL
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