Thomas Mathew vs The Revenue Divisional Officer
2021 Latest Caselaw 21486 Ker

               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. 23521 OF 2021
PETITIONER:

          THOMAS MATHEW
          AGED 45 YEARS
          S/O MATHEW, KALATHIPARAMBIL HOUSE,
          ANANTHURUTHICHIRA ROAD, 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.APPU.P.S, 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. 23521 OF 2021

                                      2




                               JUDGMENT

The petitioner is the owner in possession of 3.11 Ares of land in Survey

No.423/14 (Old Survey No.461/1) in Block No.4 of Cheranelloor Village in

Kanayannur Taluk of Ernakulam District. After mutation, the present survey

number is 423/14-2-6. 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. 23521 OF 2021

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 23521 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SALE DEED NO.4594/2015 DATED 30.10.2015

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.12.2020 ISSUED BY THE CHERANELLOOR VILLAGE OFFICE

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY 2ND RESPONDENT

Exhibit P4 TRUE COPY OF APPLICATION DATED 04.10.2021 SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT

Exhibit P5 TRUE COPY OF ACKNOWLEDGMENT DATED 06.10.2021

RESPONDENT'S/S EXHIBITS: NIL