Citation : 2022 Latest Caselaw 2669 Ker
Judgement Date : 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 8149 OF 2022
PETITIONER:
SABU C.T.
AGED 51 YEARS
S/O.A.THANKAPPAN, CHENNACKALCHIRA, VADACKAL P.O.,
SANATHANAPURAM, PARAVUR, ALAPPUZHA - 688 003.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, COLLECTORATE, ALAPPUZHA - 688 001.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, DISTRICT COURT WAY ROAD,
KIDANGAMPARAMP, THONDAKULANGARA, THATHAMPALLY,
ALAPPUZHA - 688 013
3 THE TAHSILDAR
AMBALAPUZHA, TALUK OFFICE, AMBALAPUZHA, SDV SCHOOL
ROAD,KIDANGAMPARAMP, ALAPPUZHA - 688 013.
4 THE VILLAGE OFFICER
PARAVOOR VILLAGE OFFICE, PARAVOOR, VADACKAL P.O., NEAR
NH 66, ALAPPUZHA - 688 003.
5 THE AGRICULTURAL OFFICER
PUNNAPRA NORTH KRISHI BHAVAN, PUNNAPRA NORTH ROAD,
PUNNAPRA, ALAPPUZHA - 688 004.
PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8149 OF 2022
2
JUDGMENT
The petitioner is the owner in possession of 8.52 Ares of land in
Survey Nos.284/6-2-2 and 284/7-2 in Block No.11 of Paravur Village in
Ambalapuzha Taluk of Alappuzha District. The petitioner confines his
relief for an expeditious consideration of Ext.P3 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.
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 consider Ext.P3 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. The petitioner shall
produce a copy of this judgment along with a copy of the writ petition WP(C) NO. 8149 OF 2022
before the 2nd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C) NO. 8149 OF 2022
APPENDIX OF WP(C) 8149/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 14/01/2022.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 19/01/2022.
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