Johny Tharakan vs District Collector
2022 Latest Caselaw 1791 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                          WP(C) NO. 5129 OF 2022
PETITIONER:

              JOHNY THARAKAN
              AGED 72 YEARS
              S/O. ANTHHAPPAN, THARAKAN HOUSE, ARANATTUKARA P.O.,
              KIZHAKKEPURAM, THRISSUR-680 618
              BY ADVS.
              N.KRISHNA RAJA MAULI
              RENI JAMES
              BINIYAMIN K.S.
RESPONDENTS:

     1        DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
              THRISSUR-680 003
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION,
              CIVIL LINES ROAD, AYYANTHOLE, THRISSUR-680 003
     3        THE TAHASILDAR,
              THRISSUR TALUK OFFICE, TOWN HALL, W PLACE ROAD,
              CHEMBUKKAV, THRISSUR-680 020
     4        THE VILLAGE OFFICER,
              MARATHAKKARA VILLAGE OFFICE, PUZHAMBALAM ROAD,
              MARATHAKKARA, THRISSUR-680 306
     5        THE AGRICULTURAL OFFICER,
              OLLUKKARA KRISHI BHAVAN, LANE-2, RAJIV GANDHI NAGAR,
              MANNUTHY, THRISSUR-680 656
              SMT.PRINCY XAVIER-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5129 OF 2022

                                       2




                                 JUDGMENT

Dated this the 16th day of February, 2022

The petitioner is the owner in possession of 17.54 Ares of land in

Survey No.125/11 of Marathakkara Village, Thrissur Taluk of Thrissur

District. The petitioner confines his relief for an expeditious consideration

of Exts.P5 and P3 applications in Form Nos.5 and 6 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 seeking

permission for use of land for other purposes. According to the petitioner,

the property is garden 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 2nd respondent to initially consider Ext.P5

application (Form No.5), after obtaining and verifying the relevant

materials and reports from the Agricultural Officer and to pass appropriate WP(C) NO. 5129 OF 2022

orders thereon within a period of three months from the date of receipt of a

copy of this judgment. If orders are passed excluding the property from

the data bank, then, Ext.P3 application (Form No.6) shall also be taken up

for consideration and appropriate orders shall be passed thereon within a

period of three months thereafter. The RDO shall consider all relevant

matters and shall obtain reports from the concerned Village Officer as

well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5129 OF 2022

APPENDIX OF WP(C) 5129/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 17.08.2021 Exhibit P2 TRUE COPY OF THE EXTRACT THE PUBLISHED DATA BANK Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 6.11.2021 Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 12.10.2021 Exhibit P5 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 20.12.2021 RESPONDENTS' EXHIBITS: NIL