Joshy Vareed vs The Revenue Divisional Officer
2023 Latest Caselaw 4570 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. 13286 OF 2023
PETITIONER:

              JOSHY VAREED
              AGED 50 YEARS
              S/O VAREED, NEREPARAMBIL HOUSE, CHIYYARAM, CHIYYARAM P.O.
              THRISSUR DISTRICT, PIN-680006, PIN - 680006

              BY ADV ASOK KUMAR K.P.


RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER
           FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, KERALA-
           680003., PIN - 680003

     2        THE VILLAGE OFFICER,
              PUTHUR VILLAGE OFFICE, PUTHUR ,THRISSUR DISTRICT, PIN-
              680014., PIN - 680014

     3        LOCAL LEVEL MONITORING COMMITTEE,
              PUTHUR GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENER &
              AGRICULTURAL OFFICER PUTHUR KRISHI BHAVAN, PUTHUR- PIN-
              680014., PIN - 680014

     4        AGRICULTURE OFFICER,
              KRISHI BHAVAN, PUTHUR, THRISSUR DISTRICT,PIN-680014,
              PIN - 680014

     5        THE SECRETARY,
              PUTHUR GRAMA PANCHAYAT, PUTHUR, PUTHUR P.O., THRISSUR
              DISTRICT, PIN-680014, PIN - 680014

              BY ADV SANTHOSH P.PODUVAL

              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. 13286 OF 2023                2




                                 JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 77.35

Ares of land in Survey Nos.786/1, 786/2 and 786/3 of Puthur

Village in Thrissur Taluk of Thrissur District. The petitioner

confines his relief for an expeditious consideration of Ext.P5

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.P5 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) 13286/2023

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE SALE DEEDS NO.359/2019 SALE DEEDS NO.359/2019 SALE DEEDS NO.359/2019 DATED 20.02.2019 OF SRO KUTTANELLUR, THRISSUR DISTRICT.

Exhibit P-2 TRUE COPY OF THE SALE DEED NO. 362/2019 DATED 20.02.2019 OF SRO KUTTANELLUR, THRISSUR DISTRICT.

Exhibit P-3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 28.06.2022 ISSUED BY THE VILLAGE OFFICER, PUTHUR

Exhibit P-4 A TRUE COPY OF THE DATA BANK GOT NOTIFIED IN GAZETTE AS NO. NO. A3-2938/21 DATED 19.02.2021

Exhibit P-5 A TRUE COPY OF THE FORM 5 APPLICATION DATED 10.01.2022

Exhibit P-6 A TRUE COPY OF THE PHOTOGRAPHS

Exhibit P-7 A TRUE COPY OF THE DECISION OF THE LLMC CONVENED ON 18.04.2022

Exhibit P-8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN JOY K.K. VS. REVENUE DIVISIONAL OFFICER [2021 (1) KHC 540].

Exhibit9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN JAFFARKHAN V. KUNJUMARAKKAR [2012 (1) KHC 523].