Sonia. J. Puthoor @ Sonia T Simon vs State Of Kerala
2023 Latest Caselaw 4542 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 13447 OF 2023
PETITIONER:

          SONIA. J. PUTHOOR @ SONIA T SIMON
          AGED 44 YEARS
          D/O DR. S.TONY FERNANDEZ, FROM PULARI, DARSHANA ROAD,
          ALUVA, ALUVA P.O, ERNAKULAM DISTRICT, PIN-683101
          NOW RESIDING AT FLAT NO.133, ALPHA DATA, MADINAT,
          ZAYED AIRPORT ROAD, ABU DHABI, UNITED ARAB EMIRATES,
          REPRESENTED BY HER POWER OF ATTORNEY DR. YVONNE
          FERNANDEZ, W/O DR S TONY FERNANDEZ, AGED 79 YEARS,
          RESIDING AT PULARI, DARSANA ROAD, ALUVA, ALUVA P.O,
          ERNAKULAM DISTRICT, PIN - 683101
          BY ADVS.
          J.R.PREM NAVAZ
          SUMEEN S.
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, DEPARTMENT OF AGRICULTURE,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001
    2     THE REVENUE DIVISIONAL OFFICER
          FIRST FLOOR, KB JACOB RD, FORT KOCHI, KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001
    3     THAHSILDAR
          TALUK OFFICE KANAYANNUR, PARK AVE, NEAR SUBHASH PARK,
          MARINE DRIVE, KOCHI, ERNAKULAM DISTRICT,, PIN - 682011
    4     THE VILLAGE OFFICER
          KAKKANAD VILLAGE OFFICE, THRIKKAKARA, KAKKANAD,
          ERNAKULAM DISTRICT,, PIN - 682030
    5     PRINCIPAL AGRICULTURAL OFFICER
          CONVENER OF LOCAL LEVEL MONITORING COMMITTEE,
          ECHAMUKU, KUNNUMPURAM, PADAMUGHAL, KAKKANAD,
          ERNAKULAM DISTRICT, PIN - 682030
          SRI.APPU.P.S-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.13447 OF 2023

                                      2




                               JUDGMENT

Dated this the 12th day of April, 2023

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

Survey No.447/2-3 in Block No.9 of Kakkanad Village in Kanayannur

Taluk of Ernakulam District. The petitioner confines her relief for an

expeditious consideration of Ext.P4 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

garden 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.P4 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. The petitioner shall produce a WP(C) NO.13447 OF 2023

copy of the writ petition along with a copy of this judgment before the 2 nd

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.13447 OF 2023

APPENDIX OF WP(C) 13447/2023

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE SETTLEMENT DEED BEARING NO: 3287 OF 2014 OF TRIKKAKKARA SUB-REGISTRY ERNAKULAM DISTRICT DATED 26/9/2014 Exhibit P2 THE TRUE COPY OF THE LATEST TAX RECEIPT ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 4TH RESPONDENT DATED 17/2/2023 Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 17/2/2023 Exhibit P4 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT IN FORM- 5 DATED 26/11/21 RESPONDENTS' EXHIBITS: NIL