A.F. Jose vs The Revenue Divisional Officer
2023 Latest Caselaw 4614 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. 10736 OF 2023
PETITIONERS:

    1     A.F. JOSE
          AGED 82 YEARS
          S/O FRANCIS, ALAPPATT (H), S.A.ROAD, VYTILLA S.O,
          ERNAKULAM., PIN - 682019
    2     THANKAMMA JOSE
          AGED 76 YEARS
          W/O A.F. JOSE, ALAPPATT (H), S.A.ROAD, VYTILLA S.O,
          ERNAKULAM., PIN - 682019
          BY ADVS.
          BIJU K.C.
          LEENA JOSEPH
          ANSA ELDHOSE


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, ERNAKULAM DISTRICT., PIN - 682001
    2     THE VILLAGE OFFICER
          POONITHURA VILLAGE, ERNAKULAM DISTRICT, PIN - 682019
    3     THE AGRICULTURAL OFFICER FOR THE CORPORATION OF
          COCHIN
          KRISHI BHAVAN, VYTILLA, ERNAKULAM DISTRICT., PIN -
          682019
    4     THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
          CORPORATION OF COCHIN CONSTITUTED UNDER THE KERALA
          REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER
          FOR THE CORPORATION OF COCHIN, KRISHI BHAVAN,
          VYTTILA, ERNAKULAM DISTRICT, PIN - 682019
          BY 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.10736 OF 2023

                            -: 2 :-


            ANU SIVARAMAN, J.
       =========================
          W.P.(C) No.10736 of 2023
       =========================
           Dated this the 12th day of April, 2023

                         JUDGMENT

Petitioners are the owners in possession of 3.66

Ares of land in Re.Survey No.870/3-15 of Poonithura

Village in Kanayannur Taluk of Ernakulam District. The

petitioners confine their relief for an expeditious

consideration of Ext.P5 application in Form No.5 under

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

petitioners, 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 WP(C) NO.10736 OF 2023

the matter, this writ petition is disposed of directing the

1st 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. Petitioners shall produce a copy of the

writ petition along with a copy of the judgment before

the 1st respondent for compliance. The entire

proceedings shall be completed within a period of three

months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SSK/12/04 WP(C) NO.10736 OF 2023

APPENDIX

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL07022008813/2019 DATED 12.07.2019 ISSUED FROM POONITHURA VILLAGE OFFICE.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT NO.KL07022005164/2022 DATED 07.04.2022 ISSUED FROM POONITHURA VILLAGE OFFICE.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.07.2021 ISSUED FROM POONITHURA VILLAGE OFFICE.

Exhibit P4 A TRUE COPY OF THE RESIDENTIAL CERTIFICATE DATED 14.01.2021 ISSUED FROM THE CORPORATION OF COCHIN.

Exhibit P5 TRUE COPY OF THE APPLICATION, DATED 18.04.2022 SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM 5 OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2008 .