George Thomas vs The Revenue Divisional Officer
2022 Latest Caselaw 1963 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          WP(C) NO.21414 OF 2021
PETITIONERS :-

      1      GEORGE THOMAS, AGED 61 YEARS
             S/O.LATE A.O. THOMAS, 58-KENT PALM VILLA, ATHANI,
             KUSUMAGIRI P.O, KAKKANAD - 682 030.

      2      BEENA ANNA GEORGE, AGED 54 YEARS
             W/O.GEORGE THOMAS, KENT PALM VILLA, ATHANI,
             KUSUMAGIRI P.O, KAKKANAD - 682 030.

             BY ADVS.
             ESM.KABEER
             C.SHEEBA


RESPONDENTS :-

      1      THE REVENUE DIVISIONAL OFFICER
             FORT KOCHI, K.B.JACOB ROAD, PIN - 682 001.

      2      THE LOCAL LEVEL MONITORING COMMITTEE
             REPRESENTED BY THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, THRIKKAKARA - 682 021.

      3      THE TAHSILDAR
             TALUK OFFICE, KANAYANNUR - 682 312.

      4      THE VILLAGE OFFICER,
             VILLAGE OFFICE, KAKKANAD, PIN - 682 030.

             BY SMT.VINITHA B, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.02.2022,   THE     COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.21414 OF 2021

                                    -: 2 :-


                                JUDGMENT

Dated this the 18th day of February, 2022

The petitioners are the owners in possession of 3.7 Ares of

property in Survey Nos.665/10-2, 665/2-2 and 665/6-4 of Kakkanad

Village in Kanayannur Taluk of Ernakulam District. The petitioners

confine their relief for an expeditious consideration of Ext.P5

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 petitioners, the property is a 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 1 st respondent to consider

Ext.P5 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 copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/24.2.2022 WP(C) NO.21414 OF 2021

APPENDIX OF WP(C) 21414/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 04.06.2020.

Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK.

Exhibit P3 TRUE COPY OF THE SAID APPLICATION DATED 22.07.2021 IS BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 22.07.2021.

Exhibit P5 TRUE COPY OF THE FORM 5 APPLICATION DATED 12-11-

2021 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE TRACK CONSIGNMENT.