Seena vs State Of Kerala
2022 Latest Caselaw 375 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         W.P.(C) NO.30109 OF 2021
PETITIONER:

              SEENA,
              AGED 43 YEARS, W/O.SUBAIR V.A,
              VALAMKOTTIL HOUSE,
              THRIKKAKARA P.O., ERNAKULAM-682021.

              BY ADVS.LINDONS C.DAVIS
                      E.U.DHANYA
                      SWATHY A.P.


RESPONDENTS:


     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

     2        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FORT KOCHI,
              KB JACOB ROAD, FORT KOCHI,
              ERNAKULAM DISTRICT-682001.

     3        TAHSILDAR,
              KANAYANNUR TALUK OFFICE, PARK AVE,
              NEAR SUBHASH PARK, MARINE DRIVE,
              KOCHI, ERNAKULAM-682011.

     4        VILLAGE OFFICER
              VILLAGE OFFICE, THRIKKAKARA NORTH,
              KOONAMTHAI, PADIVATTOM, ERNAKULAM-682024.

     5        LOCAL LEVEL MONITORING COMMITTEE
              (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
              KRISHI BHAVAN, KALAMASSERY, P.O.VADAKOD,
              ERNAKULAM DISTRICT, PIN-682021.
 W.P.(C) NO.30109 OF 2021
                                -2-

     6      AGRICULTURAL OFFICER,
            KRISHI BHAVAN KALAMASSERY, P.O.VADAKOD,
            ERNAKULAM DISTRICT, PIN-682021.

            SMT.PRINCY XAVIER, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) NO.30109 OF 2021
                                     -3-

                                JUDGMENT

The petitioner is the co-owner in possession of 6.07 Ares of land

in Survey No.695/8-2-3 of Thrikkakara North Village in Ernakulam

District. The petitioner confines his relief for an expeditious

consideration of Ext.P5 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

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 2 nd respondent Revenue Divisional

Officer 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 bpr W.P.(C) NO.30109 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 A COPY OF THE DOCUMENT NO.693/2012 DATED 23.02.2012 OF EDAPALLY SUB REGISTRAR OFFICE.

EXHIBIT P2 THE COPY OF THE TAX RECEIPT DATED 25.03.2021 ISSUED BY THE THRIKKAKARA NORTH VILLAGE OFFICE.

EXHIBIT P3 A COPY RELEVANT PAGE OF DRAFT DATA BANK ISSUED BY 6TH RESPONDENT.

EXHIBIT P4 A COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK DATED 05.02.2021, REGARDING THE PETITIONERS PROPERTY.

EXHIBIT P5 A COPY OF THE FORM 5 APPLICATION DATED 07.12.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P5(A) A COPY OF THE POSTAL CONSIGNMENT TRACKING DETAILS OF EXT.P5.