Felix K.Jose vs State Of Kerala
2022 Latest Caselaw 5357 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. 16457 OF 2022
PETITIONER:

            FELIX K.JOSE
            AGED 37 YEARS
            S/O JOSE, KIZHAKKEL HOUSE, CHEPPUKULAM P.O.,
            CHEPPUKULAM KARA, UDUMBANNOOR VILLAGE,
            IDUKKI DISTRICT-685581, REPRESENTED BY POWER OF
            ATTORNEY HOLDER, SHRI.SABU JOSEPH, AGED 45,
            S/O JOSEPH, KOLATH HOUSE, RAMAPURAM BAZAR P.O.,
            KOTTAYAM DISTRICT-686576
            BY ADVS.
            VARGHESE C.KURIAKOSE
            ALBIN A. JOSEPH
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
            SECRETARIAT, TRIVANDRUM-1
    2       THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL
            OFFICE, PALA, KOTTAYAM-686 575. MINI CIVIL STATION,
            PALA BYPASS RD,
    3       THE CONVENER (AGRICULTURAL OFFICER),
            LOCAL LEVEL MONITORING COMMITTEE,
            RAMAPURAM GRAMAPANCHAYAT, RAMAPURAM-686 576.
            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. 16457 OF 2022

                                      2




                               JUDGMENT

Dated this the 20th day of May, 2022

The petitioner is the owner in possession of 4.05 Ares of land in Re-

Survey No.385/1-1 in Block No.27 of Ramapuram Village, Meenachil

Taluk of Kottayam District. The petitioner confines his 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. 16457 OF 2022

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16457 OF 2022

APPENDIX OF WP(C) 16457/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE POWER OF ATTORNEY BY THE PETITIONER IN FAVOUR OF SRI.SABU JOSEPH ON 28.12.2013 Exhibit P2 TRUE PHOTOSTAT COPY OF THE SALE DEED TO.2027/2012 OF SRO RAMAPURAM DATED 03.11.2012 Exhibit P3 TRUE PHOTOSTAT COPY OF BASIC TAX RECEIPT DATED 06.05.2022 Exhibit P4 TRUE PHOTOSTAT COPY OF THE POSSESSION -

CERTIFICATE DATED 07.05.2022 Exhibit P5 TRUE PHOTOSTAT COPY OF THE DATA BANK ENTRY TO THE PROPERTY Exhibit P6 TRUE PHOTOSTAT COPY OF THE APPLICATION IN STATUTORY FORM DATED 11.05.2022 SUBMITTED FORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL