Vkl Builders India Pvt Ltd vs State Of Kerala
2022 Latest Caselaw 4507 Ker

               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
                       W.P.(C) NO.13069 OF 2022
PETITIONER:

          VKL BUILDERS INDIA PVT LTD.,
          REPRESENTED BY ITS DIRECTOR SHAJI K MATHEW,
          S/O. K.C. MATHEW,
          KALLADAYIL HOUSE, KUMARAPERUR VADAKKEKARA MURIYIL,
          CHITTAR - SEETHATHODE VILLAGE, RANI TALUK,
          PATHANAMTHITTA DISTRICT 689 667.

          BY ADVS.K.J.MANU RAJ
                  K.VINAYA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     REVENUE DIVISIONAL OFFICER,
          MUVATTUPUZHA, PATTIMATTOM,
          MUVATTUPUZHA ROAD, ERNAKULAM-686 673.

    3     THE TAHSILDAR,
          TALUK OFFICE, KUNNATHUNAD,
          ERNAKULAM DISTRICT-683 561.

    4     THE VILLAGE OFFICER,
          PUTHENCRUZ VILLAGE, KUNNATHUNAD TALUK,
          ERNAKULAM DISTRICT-682 301.

    5     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, PUTHENCRUZ P.O.,
          ERNAKULAM DISTRICT-682 038.

  R1-R5   ADV.RESHMI.K.M. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                               -2-

W.P.(C) NO.13069 OF 2022


                           JUDGMENT

The petitioner has submitted Ext.P1 application in

Form 5 of Kerala Conservation of Paddy Land and Wetland

Act, 2008, seeking removal of the property comprised in

Survey Nos.124/13, 123/6, 124/4, 123/16, 119/12, 123/14,

123/15 and 124/6 of Puthencruz Village in Ernakulam

District from the data bank. The contention of the

petitioner is that the above mentioned property is a dry

land and it is only by a mistake that the same has been

included in the data bank as nilam. The petitioner seeks

for an expeditious disposal of Ext.P1 pending before the

2nd respondent.

2. In view of the limited relief sought for by the

petitioner, I deem it appropriate to dispose of the above

writ petition with a direction to the 2nd respondent to

consider and pass orders on Ext.P1, Form 5 application in

accordance with law, after obtaining necessary reports

from the authorities concerned, within a period of two

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

W.P.(C) NO.13069 OF 2022

and after affording an opportunity of being heard to the

petitioner.

With the above observation and direction, this writ

petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE bpr

W.P.(C) NO.13069 OF 2022

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 27.7.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE SAID COMMUNICATION TO THE AGRICULTURAL OFFICER, DATED 30.7.2021.

EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT NO.

KL07051004814/2020.