Muhammed Shemeem vs The District Collector
2022 Latest Caselaw 5686 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
            FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                              WP(C) NO. 17174 OF 2022
PETITIONER:

                  MUHAMMED SHEMEEM,AGED 27 YEARS,S/O SIDHEEK,
                  KAVALACKAL HOUSE, CHERUVATTOOR KARA,
                  IRAMALLOOR VILLAGE, KOTHAMANGALAM TALUK,
                  ERNAKLAM DISTRICT. PIN: 686 691

                  BY ADV T.M.SUDHEER


RESPONDENTS:

       1          THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION,
                  KAKKANAD, ERNAKULAM-PIN.NO.682 030.

       2          THE REVENUE DIVISIONAL OFFICER,
                  REVENUE DIVISIONAL OFFICE,
                  MUVATTUPUZHA,ERNAKULAM DISTRICT, PIN-686 691.

       3          THE TAHSILDAR.
                  KOTHAMANGALAM TALUK,
                  ERNAKULAM DISTRICT.,PIN.NO.686 691

       4          THE VILLAGE OFFICER,
                  IRAMALLOOR VILLAGE OFFICE,NELLIKUZHI
                  KOTHAMANGALAM TALUK
                  ERNAKULAM DISTRICT-PIN.NO.686 691.

       5          THE AGRICULTURAL OFFICER,
                  NELLIKUZHIKRISHI BHAVAN
                  KOTHAMANGALAM TALUK.
                  ERNAKULAM DISTRICT-PIN.NO.686 691.

       6          THE SECRETARY
                  NELLIKUZHI GRAMA PANCHAYATH
                  KOTHAMANGALAM TALUK,
                  ERNAKULAM DISTRICT-PIN.NO.686 691.

                  ADV.C.A.NAVAS-R6
                  SR.G.P-SMT.VINITHA B
THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 17174/2022                2




                           JUDGMENT

The petitioner is the absolute owner in possession of an extent

of 04.00 Ares of land comprised in Survey No.19/11A-1-6-2 in

Iramalloor Village in Kothamangalam Taluk of Ernakulam District.

According to the petitioner, his property is a garden land and has

been erroneously included in the data bank. He has filed 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 for

deletion of entry relating to the subject property from the data bank.

He confines his relief for an expeditious consideration of Ext.P3

application.

2. Having heard the learned Government Pleader and without

expressing any opinion on the merits of the matter, this writ petition

is disposed of directing the 2nd respondent to consider and pass

orders on Ext.P3 application (Form No.5), after obtaining all

necessary inputs including the report of the Agricultural Officer.

The entire proceedings shall be completed within a period of three

months from the date of receipt of a copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX OF WP(C) 17174/2022

PETITIONER'S EXHIBITS:

Exhibit P1                 A TRUE COPY       OF   THE   TAX   RECEIPT   DATED
                           31.08.2021

Exhibit P2                 A TRUE COPY OF THE PUBLISHED DATA BANK
                           WITH    REGARD TO   NELLIKUZHI   GRAMA
                           PANCHAYATH.

Exhibit P3                 A TRUE COPY OF THE APPLICATION UNDER FORM
                           5   BEFORE  THE   2ND  RESPONDENT   DATED
                           11.03.2022.




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