Jolly Lawrence vs State Of Kerala
2022 Latest Caselaw 4502 Ker

Citation : 2022 Latest Caselaw 4502 Ker
Judgement Date : 19 April, 2022

Kerala High Court

Jolly Lawrence vs State Of Kerala on 19 April, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                          WP(C) NO. 13995 OF 2022
PETITIONER:

              JOLLY LAWRENCE,ADHAPPILLY HOUSE,
              ADHAPPILLY ROAD, VENNALA P.O.,
              KOCHI - 682 028.
              BY ADVS.
              K.ANAND
              BENNY VARGHESE (THETTAYIL)
              AMEER SALIM

RESPONDENTS:

      1       STATE OF KERALA
              REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
              REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
      2       THE REVENUE DIVISIONAL OFFICER
              FORT KOCHI, ERNAKULAM - 682 001
      3       LOCAL LEVEL MONITORING COMMITTEE (LLMC)
              REPRESENTED BY ITS CONVENER THE AGRICULTURAL
              OFFICER, VYTTILA PO, KOCHI - 682 019.
      4       THE AGRICULTURAL OFFICER,
              VYTTILA PO, KOCHI - 682 019.
      5       TAHASILDAR (LR)
              KANAYANNUR TALUK OFFICE, ERNAKULAM - 682 011.
      6       VILLAGE OFFICER
              EDAPPALLY SOUTH VILLAGE, VENNALA P.O - 682 028.

OTHER PRESENT:

              ADV.SURYA BINOY-GP.

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.04.2022,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.13995 of 2022                            2


                                   VIJU ABRAHAM, J.
                   .................................................................
                              W.P.(C) No.13995 of 2022
                   .................................................................
                       Dated this the 19th day of April, 2022

                                         JUDGMENT

The petitioner is the owner in possession of an extent of

4.96 Ares of land comprised in survey No.108/4-4 and 108/4-6 of

Vennala Kara of Edappally South Village, Kanayannur Taluk. The

prayer sought for by the petitioner in the above writ petition is for a

direction to to the 2nd respondent for an expeditious disposal of Ext.P5

(Form 5) and Ext.P6 (Form 6) applications under the Kerala

Conservation of Paddy Land and Wetland Act, 2008, seeking deletion of

entry relating to the subject property from the data bank and also for

permission for use of land for other purposes. The contention of the

petitioner is that the land is a 'purayidom' and the same has been

wrongly included in the data bank as 'nilam'.

2. I have heard the learned counsel for the petitioner as well

as the learned Government Pleader.

3. In the nature of the limited relief sought for in this writ

petition, I deem it appropriate to dispose of the writ petition with a

direction to the 2nd respondent to initially consider Ext.P5 (Form 5)

application after obtaining and verifying the report from the Agricultural

Officer concerned. If orders are passed excluding the property from the

data bank, then Ext.P6 (Form 6) application shall also be taken up for

consideration and appropriate orders shall be passed. The 2 nd

respondent shall consider all relevant matters and should obtain report

from the concerned Village Officer as well. The entire procedure will be

completed within a period of three months from the date of receipt of a

copy of this judgment

With the abovesaid observations and directions, the above

Writ Petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 13995/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEED NO:16 3519/2015 DATED 05.10.2015 OF EDAPPALLY SRO Exhibit P2 TRUE COPY OF THE TITLE DEED NO:3520/2015 DATED 05.10.2015 OF EDAPPALLY SRO Exhibit P3 TRUE COPY OF THE RELEVANT DETAILS OF THE DATA BANK Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER Exhibit P5 TRUE COPY OF THE APPLICATION DATED 12.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER FORM 5 Exhibit P5A TRUE COPY OF THE RECEIPT OF FORM 5 APPLICATION.

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 25.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER FORM 6 Exhibit P6A RUE COPY OF THE RECEIPT OF FORM 6 APPLICATION Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP (C) NO: