Dr. Jose P.P vs State Of Kerala
2022 Latest Caselaw 5562 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                     WP(C) NO. 17044 OF 2022
PETITIONER:

            DR. JOSE P.P,
            AGED 79 YEARS
            S/O. PAULOSE, RESIDING AT PYNADATH , KARUKUTTY,
            ERNAKULAM- 683 576.
            BY ADV M.S.AMAL DHARSAN


RESPONDENTS:

      1     STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
            REVENUE, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.
      2     THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM-
            680 003.
      3     THE TAHSILDAR,
            ALUVA TALUK OFFICE, MINI CIVIL STATION, ALUVA,
            ERNAKULAM 683 101
      4     THE VILLAGE OFFICER,
            KARUKUTTY VILLAGE OFFICE, RAILWAY STATION ROAD,
            KARUKUTTY, ERNAKULAM- 683 576.
      5     THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KARUKUTTY, ALUVA, ERNAKULAM 683
            576.


            VINITHA B-SR.GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.05.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.17044 OF 2022

                                     2




                              JUDGMENT

The petitioner is the owner in possession of

23.91 Ares of land in Survey Nos.117/5-4 and 117/7-1 of

Karukutty Village in Aluva Taluk of Ernakulam District. The

petitioner confines his relief for an expeditious

consideration of Ext.P3 application in Form No.5 under the

provisions 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 dry 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

RDO/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 WP(C).No.17044 OF 2022

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. The petitioner shall produce the

copy of this judgment along with the copy of the writ

petition before the 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/- ANU SIVARAMAN JUDGE

ska WP(C).No.17044 OF 2022

APPENDIX OF WP(C) 17044/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.04.2022 FOR THE YEAR 2022- 2023.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATABANK ISSUED BY THE 5TH RESPONDENT DATED 08.04.2022.

Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM 5, DATED 22.04.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P3(a) A TRUE COPY OF THE TREASURY CHALLAN RECEIPT DATED 22.04.2022.

   RESPONDENTS EXHIBITS:      NIL


                                                       TRUE COPY


                                                    P.A TO JUDGE