Shine vs State Of Kerala
2022 Latest Caselaw 456 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
                          WP(C) NO. 1059 OF 2022
PETITIONER:

              SHINE
              AGED 45 YEARS
              S/O. SURENDRANATH, THATTUPARAMBIL HOUSE, NATTIKA PO,
              THRISSUR DISTRICT , PIN- 680566
              BY ADVS.
              K.R.ARUN KRISHNAN
              DEEPA K RADHAKRISHNAN
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM -695 001
     2        DISTRICT COLLECTOR
              THRISSUR, HAVING ITS OFFICE AS COLLECTORATE,
              AYYANTHOLE, THRISSUR DISTRICT -680 003
              THRISSUR, PIN - 680003
     3        REVENUE DIVISIONAL OFFICER
              THRISSUR, HAVING ITS OFFICE AS COLLECTORATE,
              AYYANTHOLE, THRISSUR DISTRICT -680 003
     4        LOCAL LEVEL MONITORING COMMITTEE
              (REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER),
              KRISHIBHAVAN, CHAVAKKAD MUNICIPALITY, CHAVAKKAD PO,
              THRISSUR -680 506
     5        AGRICULTURAL OFFICER
              KRISHIBHAVAN, CHAVAKKAD MUNICIPALITY,
              CHAVAKKAD PO, THRISSUR -680 506
              SMT.PRINCY XAVIER, SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1059 OF 2022

                                       2




                                JUDGMENT

Dated this the 13th day of January, 2022

The petitioner along with his wife are the owners in possession of 2.65

Ares of land in Survey No.193/3-26 of Guruvayur Village, Chavakkad Taluk

of Thrissur 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 not a paddy 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 3rd 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 three months from the date of receipt of a WP(C) NO. 1059 OF 2022

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 1059 OF 2022

APPENDIX OF WP(C) 1059/2022

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF SALE DEED NO.986/2019 OF SRO CHERUVATHUR DATED 9-7-2019 Exhibit-P2 TRUE COPY OF TAX RECEIPT DATED 28-7-2020 IN THE NAME OF PETITIONER AND HIS WIFE Exhibit-P3 TRUE COPY OF POSSESSION CERTIFICATE DATED 27-

11-2021 IN THE NAME OF PETITIONER AND HIS WIFE Exhibit-P4 TRUE COPY OF THE DATA BANK PUBLISHED IN THE GAZETTE DATED 10-10-2020 Exhibit-P5 TRUE COPY OF APPLICATION DATED 25-8-2021 SUBMITTED BY THE PETITIONER RESPONDENTS' EXHIBITS: NIL