Benny Joseph vs The State Of Kerala
2021 Latest Caselaw 19272 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                      WP(C) NO. 18947 OF 2021
PETITIONER :-

          BENNY JOSEPH, AGED 51 YEARS
          S/O.JOSEPH, PUTHUSSERIL HOUSE, MOTHER TERESSAS ROAD,
          EDAPPALLY, ERNAKULAM DISTRICT, PIN-682 024.

          BY ADVS.
          K.DILIP
          S.BIJILAL


RESPONDENTS :-

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, TRIVANDRUM-01.

    2     THE LOCAL LEVEL MONITORING COMMITTEE,
          CONVENED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
          MANAKUNNAM, UDAYAMPEROOR, THRIPPUNITHURA,
          ERNAKULAM DISTRICT, PIN-682 307.

    3     THE VILALGE OFFICER, MANAKUNNAM VILLAGE,
          SH 15, UDAYAMPEROOR, THRIPPUNITHURA, ERNAKULAM,
          KERALA-682 307.

    4     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN-682 001.

          BY SRI. P.S. APPU, G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.18947 OF 2021

                               -: 2 :-


                            JUDGMENT

Dated this the 14th day of September, 2021

The petitioner is the owner in possession of 9.191 cents of

land in Re-Survey Nos.124/14 and 124/11 in Block No.19 of

Manakunnam Village in Kanayannur Taluk of Ernakulam District.

The petitioner confines his relief for an expeditious consideration

of Ext.P4 application in Form No.5 under 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 lying as dry land and has been

erroneously included in the data bank as 'nilam'.

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 4 th respondent to consider

Ext.P4 application (Form No.5), after verifying the relevant

materials and reports from the Agricultural Officer and to pass

appropriate orders thereon. The RDO shall consider all relevant

matters and shall obtain necessary reports as well. The entire WP(C) NO.18947 OF 2021

proceedings shall be completed within a period of three months

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/17.9.2021 WP(C) NO.18947 OF 2021

APPENDIX OF WP(C) 18947/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JENM ASSIGNMENT NO.1972 TRAVANCORE COCHIN STATE DATED 21.04.2007.

Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 3RD RESPONDENT HEREIN DATED 18.03.2019.

Exhibit P3 A TRUE COPY OF THE LOCATION SKETCH DATED NIL.

Exhibit P4 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 27.08.2021.