Josephine vs Revenue Divisional Officer, Fort ...
2023 Latest Caselaw 4543 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. 13510 OF 2023
PETITIONER:

          JOSEPHINE
          AGED 57 YEARS
          W/O.IMMANUEL, MUNDATHANAM HOUSE,
          PALACE GARDENS, KARINGACHIRA, IRUMPANAM P.O,
          ERNAKULAM DISTRICT,, PIN - 682309
          BY ADV T.K.AJITHKUMAR (VALATH)
RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, PIN - 682001
    2     LOCAL LEVEL MONITORING COMMITTEE
          KOCHI MUNICIPAL CORPORATION REPRESENTED BY THE
          CONVENER/AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING
          COMMITTEE, IST FLOOR, KOCHI CORPORATION, VYTTILA
          SHOPPING COMPLEX, VYTTILA P.O, PIN - 682019
    3     AGRICULTURAL OFFICER,
          LOCAL LEVEL MONITORING COMMITTEE, 1ST FLOOR,
          KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
          VYTTILA P.O, PIN - 682019
          SMT.PARVATHY.K-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. 13510 OF 2023

                                    2




                              JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 6.07 Ares of land in

Survey Nos.1427/4-4 and 1431/2-7 of Poonithura Village in Kanayannur

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

expeditious consideration of 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, seeking deletion of entry relating to the subject

property from the data bank. According to the petitioner, the property is

a 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 1st 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 orders

thereon. The entire proceedings shall be completed within a period of

four months from the date of receipt of a copy of this judgment. WP(C) NO. 13510 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13510 OF 2023

APPENDIX OF WP(C) 13510/2023

PETITIONER'S EXHIBITS Exhibit P1 THE PETITIONER IS REGULARLY PAYING THE LAND TAX IN RESPECT OF THE ABOVE PROPERTY. THE TRUE COPY OF THE LAND TAX RECEIPT DATED 19- 7-2022 ISSUED FROM THE POONITHURA VILLAGE OFFICE Exhibit P2 THE RELEVANT PAGES OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT WITH RESPECT TO THE INCLUSION OF PROPERTY COVERED BY EXHIBIT P1 Exhibit P3 THE TRUE COPY OF THE APPLICATION DATED 25-

10- 2022 IN FORM NO.5, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 THE RECEIPT DATED 1-11-2022 FOR PAYMENT OF THE STATUTORY FEE FOR RECEIPT OF EXHIBIT P3 ISSUED FROM THE OFFICE OF THE POONITHURA VILLAGE RESPONDENTS' EXHIBITS: NIL