Maria Ruby Frank vs The Revenue Divisional Officer
2023 Latest Caselaw 4989 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                         WP(C) NO. 13524 OF 2023
PETITIONER:

              MARIA RUBY FRANK
              AGED 69 YEARS
              W/O GEORGE RUFUS FRANK, AGED 69 YEARS 7A, BHAGEERATHA
              RESIDENCY, BANERJEE ROAD, ERNAKULAM NORTH P.O.,
              ERNAKULAM, REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
              OSBEN MANUEL GOMEZ S/O RALPH WILLIAM GOMEZ, AGED 39
              YEARS, EMMANUEL VILLA, VADUTHALA P.O.,PIN - 682018

              BY ADV NASEER MOIDU



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, KOCHI FORTKOCHI P.O.,, PIN -
              682001

     2        AGRICULTURAL OFFICER
              KRISHI BHAVAN OFFICE, THRIKKAKKARA KAKKANAD P.O.,,
              PIN - 682030

     3        THE VILLAGE OFFICER
              VILLAGE OFFICE, KAKKANAD KAKKANAD P.O.,, PIN - 682030

              SMT. PARVATHY K- GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13524 OF 2023                2




                                 JUDGMENT

Dated this the 13th day of April, 2023

The petitioner is the owner in possession of 4.23

Ares of land in Resurvey Nos.315/5-2 and 315/9-2 of

Kakkanad Village in Kanayannur Taluk of Ernakulam District.

The petitioner confines her 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

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) 13524/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF SALE DEED NO. 1689/2005 DATED 26.03.2005 OF THRIKKAKARA SUB REGISTRY

Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA-

BANK ISSUED BY THE REVENUE AUTHORITIES

Exhibit P3 A TRUE COPY OF THE RECEIPT OF THE PROPERTY DATED 28.01.2022 ISSUED BY THE VILLAGE OFFICE, KAKKANAD

Exhibit P4 A TRUE COPY OF THE APPLICATION RECEIVED BY THE RESPONDENTS ON 07.01.2020

Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 17.01.2022