Citation : 2022 Latest Caselaw 5896 Ker
Judgement Date : 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17536 OF 2022
PETITIONER
SREEDHAR NARAYANA SWAMI,
AGED 42 YEARS
SON OF NARAYANA SWAMI, 3C, J.M. TOWER,
PALLIKAVU TEMPLE ROAD, VADUTHALA, ERNAKULAM DISTRICT..
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER - CHITHRA
MAHADEVAN,
AGED 54 YEARS, WIFE OF R.V. MAHADEVAN, VENKITA HOUSE,
PALLIKAVU TEMPLE ROAD, VADUTHALA, ERNAKULAM DISTRICT.
PIN 682 023.
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
RESPONDENTS:
1 AGRICULTURAL OFFICER,
KRISHI BHAVAN, MARADU, NETTOOR P.O. PIN 682040.
2 REVENUE DIVISIONAL OFFICER,
OFFICE OF REVENUE DIVISIONAL OFFICER, FORT KOCHI.
PIN 682 001.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.17536 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022
The petitioner is the owner of garden land in Re-Survey
No.132/7-4 in Block No.13 of Maradu Village in Kanayannur
Taluk.
2. The petitioner states that the property is included in
Data Bank as 'Nilam'. In fact, the property ceased to be paddy
land long back. The petitioner wants to develop the land. In
the circumstances, the petitioner submitted Ext.P2 application
for removing the land from the Data Bank. The respondents
are not acting thereon. Hence, the petitioner is before this
Court.
3. The learned counsel for the petitioner pointed out
that the Agricultural Officer has already forwarded Ext.P3
report, which is in favour of the petitioner. The delay in taking
decision on petitioner's application is causing undue hardship WP(C) NO.17536 OF 2022
to the petitioner.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
5. In view of the facts and reasons stated in the writ
petition, this Court is of the view that the writ petition can be
disposed of directing the 2nd respondent to take appropriate
decision on Ext.P2, the same being a statutory application.
The writ petition is therefore disposed of directing the 2 nd
respondent to take appropriate decision on Ext. P2 application
submitted by the petitioner, if the same is received along with
all supporting documents and paying the prescribed fee, if
any. A decision shall be taken on Ext.P2, within a period of
four months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.17536 OF 2022
APPENDIX OF WP(C) 17536/2022
PETITIONER EXHIBITS Exhibit P1 COPY OF RELEVANT PAGE OF DATA BANK ENTRY.
Exhibit P2 COPY OF APPLICATION DATED 23-11-2021 OF PETITIONER.
Exhibit P3 COPY OF REPORT OF 1ST RESPONDENT DATED NIL.
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