Molly Thomas vs State Of Kerala
2022 Latest Caselaw 4158 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 13071 OF 2022
PETITIONER:

          MOLLY THOMAS,
          AGED 56 YEARS
          W/O. THOMAS, HOME MAKER, MULLAKKARIYIL HOUSE, HOUSE NO.
          43/2462, ELAVUNKAL HOUSE, EDAPPALLY SOUTH VILLAGE,
          PALARIVATTOM, 682 025.
          BY ADVS.
          V.J.JOSEPH
          SAJAN PUTHENVEETTIL
          RAJENDRAN K.
          SANAND RAMAKRISHNAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY , REVENUE DEPARTMENT,
          SECRETARIAT, BUILDINGS, THIRUVANANTHAPURAM 695 001.
    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.
    3     REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, 682 001.
    4     VILLAGE OFFICER,
          VILLAGE OFFICE, EDAPALLY SOUTH VILLAGE, EDAPPALLY 682
          028.
    5     LOCAL LEVEL MONITORING COMMITTEE,
          UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET
          LAND ACT, 2008 REPRESENTED BY ITS CONVENER AND
          AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA, KOCHI 682
          019.


          BY SMT.PRINCY XAVIER-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.13071 OF 2022

                                        2



                                  JUDGMENT

Dated this the 7th day of April, 2022

Petitioner is the owner in possession of a total

extent of 6.79 Ares of land in Survey No. 90/14A-8 of

Edappally South Village in Kanayannur Taluk of

Ernakulam District. The petitioner confines his relief for

an expeditious consideration of Ext.P6 application in

Form No.5 under the provisions 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 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.P6 application (Form

No.5), after obtaining all necessary inputs including the

report of the Agricultural Officer and to pass appropriate WP(C) NO.13071 OF 2022

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 the copy of this judgment along with a

copy of the writ petition before the 3 rd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska WP(C) NO.13071 OF 2022

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE SALE DEED NO.1510 DATED 22.04.2015 OF SUB REGISTRY OFFICE, EDAPPALLY.

Exhibit P2 COPY OF THE SALE DEED NO.675 DATED 25.02.2015 OF SUB REGISTRY OFFICE, EDAPPALLY.

Exhibit P3 COPY OF THE SETTLEMENT DEED NO.1446 DATED 30.03.1976 OF SUB REGISTRY OFFICE, EDAPPALLY.

Exhibit P4 COPY OF THE RECEIPT OF THE SAID LAND TAX DATED 04.04.2022

Exhibit P5 COPY OF THE DATA BANK RELATING TO THE PETITIONER'S PROPERTY.

Exhibit P6 COPY OF THE APPLICATION DATED 04.12.2021 SUBMITTED BY THE PETITIONER BEFORE R.D.O.

Exhibit P7 COPY OF THE REPORT ISSUED BY THE 5TH RESPONDENT DATED 22.02.2022.

Exhibit P8 COPY OF THE BASIC TAX REGISTER ISSUED BY THE 4TH RESPONDENT DATED 15.03.2022.

Exhibit P9 PHOTOGRAPH OF THE PETITIONER'S PROPERTY.

Exhibit P10 PHOTOGRAPH OF THE PETITIONER'S PROPERTY.

Exhibit P10(A) PHOTOGRAPH OF THE PETITIONER'S PROPERTY.

RESPONDENT'S/S EXHIBITS: NIL