Manju Cyriac vs State Of Kerala
2022 Latest Caselaw 5355 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 16441 OF 2022
PETITIONER:

            MANJU CYRIAC
            AGED 42 YEARS
            W/O CYRIAC E. K., ERUMPANATHU HOUSE, PERUMBAIKAD P.O.,
            PERUMBAIKAD VILLAGE, KOTTAYAM - 686016.
            BY ADV GIKKU JACOB
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
    2       REVENUE DIVISIONAL OFFICER
            REVENUE TOWER, THIRUNAKKARA P. O, KOTTAYAM - 686 001.
    3       VILLAGE OFFICER
            PEROOR VILLAGE, PERUMBAIKAD P. O., KOTTAYAM - 686016.
    4       LOCAL LEVEL MONITORING COMMITTEE
            ETTUMANOOR MUNICIPALITY, REPRESENTED BY CONVENER,
            AGRICULTURE OFFICER, KRISHI BHAVAN, ETTUMANOOR P.O.,
            KOTTAYAM - 686631.
            SMT.PRINCY XAVIER, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16441 OF 2022

                                      2




                               JUDGMENT

Dated this the 20th day of May, 2022

The petitioner is the owner in possession of 19 Ares of land in Re-

Survey Nos.372/3-3-1 and 372/2 in Block No.30 of Peroor Village,

Kottayam Taluk of Kottayam District. The petitioner confines her relief for

an expeditious consideration of Ext.P6 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 a

converted 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 consider Ext.P6 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 copy of this judgment. WP(C) NO. 16441 OF 2022

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16441 OF 2022

APPENDIX OF WP(C) 16441/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED DATED 15.01.2021 OF ETTUMANOOR S.R.O. EXECUTED IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE DATA BANK OF ETTUMANOOR MUNICIPALITY WITH RESPECT TO PETITIONER'S PROPERTY.

Exhibit P3 TRUE COPY OF THE REPORT OF ASSISTANT DIRECTOR OF AGRICULTURE WITH RESPECT TO PROPERTY IN RE-SY. NO.412/1 DATED NIL.

Exhibit P4 TRUE COPY OF THE REPORT OF ASSISTANT DIRECTOR OF AGRICULTURE WITH RESPECT TO PROPERTY IN RE-SY. NOS. 410/2, 412/2, 412/1B DATED NIL. Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED 26.04.2021 ISSUED FROM VILLAGE OFFICE, PEROOR.

Exhibit P6 TRUE COPY OF THE FORM-5 APPLICATION DATED 04.01.2022 BEFORE THE 2ND RESPONDENT RDO WITH READABLE COPY.

Exhibit P7 TRUE COPY OF THE SALE DEED DATED 16.08.1999 IN FAVOR OF FATHER-IN-LAW OF THE PETITIONER. Exhibit P8 TRUE COPY OF THE PARTITION DEED DATED 21.10.2008 BETWEEN THE HUSBAND, BROTHER-IN- LAWS AND MOTHER-IN-LAW OF THE PETITIONER. RESPONDENTS' EXHIBITS: NIL