Kala Kumar vs The District Collector
2023 Latest Caselaw 1754 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        WP(C) NO. 3439 OF 2023
PETITIONER:

          KALA KUMAR
          AGED 48 YEARS
          W/O. SANTHIKUMAR 910, CONFIDENT, KAPPELA, KUSUMAGIRI
          ROAD, KAKKANADU ERNAKULAM, PIN - 682039

          BY ADVS.
          A.T.ANILKUMAR
          V.SHYLAJA



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM
          DISTRICT, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICER 1ST FLOOR,
          K.B JACOB ROAD FORT KOCHI, PIN - 682501

    3     THE TAHASILDAR
          KANAYANOOR TALUK, TALUK OFFICE, ERNAKULAM DISTRICT,
          PIN - 682019

    4     THE VILLAGE OFFICER
          VAZHAKKALA VILLAGE, KAKKANADU, ERNAKULAM DISTRICT,
          PIN - 682019

          BY SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3439 OF 2023

                               -: 2 :-


                     JUDGMENT

Dated this the 1st day of February, 2023.

The petitioner is the co-owner of 12.59 Ares of

land in Survey Nos.578/1-4 and 578/1-3-2 in Block No.8

of Vazhakkala Village in Kanayannur Taluk of Ernakulam

District. The petitioner confines her relief for an

expeditious consideration of Ext.P4 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 petitioner, 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

the matter, this writ petition is disposed of directing the

2nd respondent to consider Ext.P4 application (Form WP(C) NO. 3439 OF 2023

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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SSK/01/02 WP(C) NO. 3439 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTERED DEED BEARING NO 2383/2005 OF THRIKKAKARA SUB REGISTRAR OFFICE DATED 09.05.2005.

Exhibit2 TRUE COPY OF THE LAND TAX RECEIPT NO.

KL07021603828/2019 IN RESPECT OF THE EXHIBIT PROPERTY DATED 09.05.2019.

Exhibit P3 : TRUE COPY OF THE POSSESSION CERTIFICATE NO. 41087947 IN RESPECT OF EXHIBIT P1 PROPERTY DATED 01.07.2019.

Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED UNDER WETLAND RULES DATED 20.10.2021