K P Abraham vs Revenue Divisional Officer, Fort ...
2023 Latest Caselaw 4561 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. 13316 OF 2023
PETITIONER:

              K P ABRAHAM
              AGED 72 YEARS,
              S/O.PAILY
              KUNNATH HOUSE, MUDAVOOR, MUDAVOOR P.O, ERNAKULAM
              DISTRICT, PIN - 686649

              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, 1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING
              COMPLEX, VYTTILA P.O,, PIN - 682019

     3        AGRICULTURAL OFFICER
              1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
              VYTTILA P.O, PIN - 682019

              BY ADV GOVERNMENT PLEADER


              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. 13316 OF 2023                2




                                 JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 4.67 Ares of

land in Survey Nos.1427/4-5 and 1431/2-8 of Poonithura Village

in Kanayannoor Taluk of Ernakulam District. The petitioner

confines his 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 four 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) 13316/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 15-6-2022 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 11-10-

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 EXHIBIT P3 ISSUED FROM THE OFFICE OF THE POONITHURA VILLAGE