M.B.Hassainar vs The Revenue Divisional Officer
2022 Latest Caselaw 5566 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. 17020 OF 2022
PETITIONER:

            M.B.HASSAINAR
            AGED 54 YEARS
            S/O, BEERAV, MULAKKAMBILLLIL HOUSE, P.O KAKKANAD CEPZ,
            ERNAKULAM PIN. PIN - 682037
            BY ADVS.
            BIJU MARTIN
            M.M.SALIM


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER
            OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI,
            KOCHIN - 682001.
    2       THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENER - AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KIZHAKKAMBALAM, ERNAKULAM DISRICT, PIN -
            683562.


            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.17020 OF 2022

                                       2




                                 JUDGMENT

The petitioner is the owner in possession of 13

Ares of land in Survey Nos.75/3 and 75/4 of

Kizhakkambalam Village in Kunnathunad Taluk of

Ernakulam District. The petitioner confines his relief for an

expeditious consideration of Ext.P4 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 paramba 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/1st respondent to consider Ext.P4 application (Form

No.5), after obtaining all necessary inputs including the

report of the Agricultural Officer and to pass appropriate WP(C).No.17020 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 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-ANU SIVARAMAN JUDGE

ska WP(C).No.17020 OF 2022

APPENDIX OF WP(C) 17020/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 4950/05 OF PUTHANKURISH SUB REGISTRY DATED 18.7.2005 Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY KIZHAKKAMBALAM VILLAGE OFFICE TO THE PETITIONERS PROPERTY DATED 2.2.2022 Exhibit P3 TRUE COPY OF THE CHALLAN RECEIPT NO KL070503053/2022 DATED 6.4.2022 ISSUED BY THE REVENUE DEPARTMENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 6.4.2022 FILED BY THE PETITIONER IN FORM NO 5 RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE WP(C).No.17020 OF 2022

APPENDIX OF WP(C) 17020/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 4950/05 OF PUTHANKURISH SUB REGISTRY DATED 18.7.2005 Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY KIZHAKKAMBALAM VILLAGE OFFICE TO THE PETITIONERS PROPERTY DATED 2.2.2022 Exhibit P3 TRUE COPY OF THE CHALLAN RECEIPT NO KL070503053/2022 DATED 6.4.2022 ISSUED BY THE REVENUE DEPARTMENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 6.4.2022 FILED BY THE PETITIONER IN FORM NO 5