Abraham Mathew vs The Revenue Divisional Officer
2022 Latest Caselaw 1574 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                          WP(C) NO.1428 OF 2022
PETITIONER :-

             ABRAHAM MATHEW, AGED 70 YEARS
             S/O. LATE ABRAHAM MANALIL, MANALIL HOUSE,
             ANANPRAMPAL, THALAVADY P.O.,
             ALAPPUZHA DISTRICT - 689 572.

             BY ADV C.K.SHERIN


RESPONDENTS :-

      1      THE REVENUE DIVISIONAL OFFICER,
             REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA - 686 661,
             ERNAKULAM DISTRICT.

      2      THE LOCAL LEVEL MONITORING COMMITTEE,
             KUNNATHUNADU GRAMA PANCHAYATH,
             REPRESENTED BY ITS CONVENER,
             THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
             KUNNATHUNADU, PATTIMATTOM P.O.
             ERNAKULAM DISTRICT - 683 562.

      3      THE VILLAGE OFFICER,
             KUNNATHUNADU VILLAGE, TALUK OFFICE, KUNNATHUNADU,
             ERNAKULAM DISTRICT, PIN - 683 561.

             BY SMT.VINITHA B, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    15.02.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.1428 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 15th day of February, 2022

The petitioner and his wife are the owners in possession of

20.65 Ares of land in Survey Nos.178/4 and 178/8 of Kannathunadu

Village in Kunnathunadu Taluk of Ernakulam District. The

petitioner confines his relief for an expeditious consideration of

Ext.P4 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 a 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 1 st 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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/19.2.2022 WP(C) NO.1428 OF 2022

APPENDIX OF WP(C) 1428/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED REGISTERED AS DOCUMENT NO. 3822/98 OF SRO, PUTHENCRUZ EXECUTED IN FAVOUR OF THE PETITIONER AND HIS WIFE DTD. 4.8.1998.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.08.2020 ISSUED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF RELEVANT PAGE OF THE DATA BANK.

Exhibit P4 TRUE COPY OF APPLICATION IN FORM NO. 5 DATED 04.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ALONG WITH ITS RECEIPT.