Elizabeth Shebin vs Revenu Divisional Officer, Fort ...
2023 Latest Caselaw 4555 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. 13347 OF 2023
PETITIONER:

              ELIZABETH SHEBIN
              AGED 41 YEARS
              PIONEER PARADISE,SOUTH BLOCK, 24, MAIN EXTENSION, JP
              NAGAR 6TH PHASE BANGALORE SOUTH, BANGALORE KARNATAKA,
              PIN - 560078

              BY ADV T.K.AJITHKUMAR (VALATH)



RESPONDENTS:

     1        REVENU DIVISIONAL OFFICER, FORT KOCHI
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, PIN
              - 682001

     2        LOCAL LEVEL MONITORING COMMITTEE
              KOCHI MUNICIPAL CORPORATION REPRESENTED BY
              CONVENER/AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING
              COMMITTEE, 1ST 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

              BY ADV GOVERNMENT PLEADER


              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. 13347 OF 2023                2




                                 JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 4.23

Ares of land in Survey No.1431/2-8-2 of Poonithura Village in

Kanayannoor Taluk of Ernakulam District. The petitioner

confines her relief for an expeditious consideration of Ext.P3

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 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 RDO/1 st

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

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

APPENDIX OF WP(C) 13347/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 19-4-2022 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 3-5-

2022 IN FORM NO.5, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P4 THE RECEIPT DATED 4-5-2022 FOR PAYMENT OF THE STATUTORY FEE FOR EXHIBIT P3 ISSUED FROM THE OFFICE OF THE POONITHURA VILLAGE