K.A. Annies Poly vs Revenue Divisional Officer
2022 Latest Caselaw 1584 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. 4873 OF 2022
PETITIONER:

              K.A. ANNIES POLY
              AGED 65 YEARS
              WIFE OF K.J. POLY, THERATTIL HOUSE, K.K ROAD,
              CHEMPUMUKKU, ERNAKULAM, PIN - 682021
              BY ADVS.
              K.R.PRATHISH
              P.K.SREEVALSAKRISHNAN
              MANASI.M
RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FIRST FLOOR,
              FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
     2        THE TAHSILDAR
              KANAYANNURTALUK OFFICE, KANAYANNUR,
              PARK AVE, KOCHI, PIN - 682011
     3        THE VILLAGE OFFICER
              THRIKKAKKARA NORTH VILLAGE OFFICE,
              KOONAMTHAI, PADIVATTOM, ERNAKULAM, PIN - 682024
     4        THE LOCAL LEVEL MONITORING COMMITTEE
              KALAMASSERY MUNICIPALITY, REP. BY ITS CONVENER,
              AGRICULTURAL OFFICER, KALAMASSERY KRISHIBHAVAN,
              KANGARAPPADY, VADACODE P.O, ERNAKULAM, PIN - 682021
     5        KERALA REMOTE SENSING AND ENVIRONMENT CENTRE
              1ST FLOOR, VIKASBHAVAN, NEAR LEGISLATIVE ASSEMBLY,
              UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
              THIRUVANANTHAPURAM, P.O, PIN - 695033
              REP BY ITS CHIEF OFFICER
              SMT.PRINCY XAVIER, 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. 4873 OF 2022

                                       2


                                JUDGMENT

Dated this the 15th day of February, 2022

The petitioner is the owner in possession of a total extent of 5.05 Ares

of land in Survey Nos.392/10, 393/6-2-2 and 393/6-7 of Thrikkakara North

Village, Kanayannur Taluk of Ernakulam District. Out of the above land, 2.57

Ares of land is shown as 'nilam' in the revenue records. The petitioner

confines his relief for an expeditious consideration of Ext.P4 application in

Form No.5 under the proviso to Section 5(4) 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 dry 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 1st 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 four months from the date of receipt of a WP(C) NO. 4873 OF 2022

copy of this judgment. The petitioner shall produce a copy of the writ petition

along with a copy of this judgment before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 4873 OF 2022

APPENDIX OF WP(C) 4873/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 14.01.2022 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE PETITIONER Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.01.2022 IN THE NAME OF PETITIONER Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK SHOWING THE PETITIONER'S PROPERTY Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE REVENUE DIVISIONAL OFFICER DATED 18.01.2022 RESPONDENTS' EXHIBITS: NIL