Citation : 2023 Latest Caselaw 1756 Ker
Judgement Date : 1 February, 2023
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. 3414 OF 2023
PETITIONER:
AJAYKUMAR,
AGED 56 YEARS
S/O PADMANABHAN NAIR T, KOTTAYIATHIKAT HOUSE B.C.
ROAD, CHERUVANNUR, FEROKE (P.O.) KOZHIKODE-, PIN -
673631
BY ADVS.
K.MOHANAKANNAN
MAYA S. KUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY OF GOVERNMENT REVENUE
DEPARTMENT, THIRUVANANTHAPURAM-, PIN - 695001
2 REVENUE DIVISIONAL OFFICER,
TALUK OFFICE, MALAPPURAM, PIN - 676101
3 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR- AGRICULTURAL OFFICER, AR
NAGAR PANCHAYATH, MALAPPURAM, PIN - 676305
BY SMT.PARVATHY.K-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. 3414 OF 2023
-: 2 :-
JUDGMENT
Dated this the 1st day of February, 2023.
The petitioner is the owner in possession of 18.27
Ares of land in Re-Survey No.189/13-1 in Block No.1 of
Chelambra Village in Kondotty Taluk of Malappuram
District. The petitioner confines his 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. 3414 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 three 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. 3414 OF 2023
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 EXHIBIT.P1:- TRUE COPY OF THE DOCUMENT NO.
5140/1/12 OF S.R.O.CHELEMBRA DATED 15-09-
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23/11/2022 ISSUED BY THE VILLAGE OFFICER
Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 11/01/2023 IN RESPECT OF THE PROPERTY
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 14/01/2023 IN FORM NO.5 RULE 4D OF THE KERALA CONSERVATION OF PADDY AND WET LAND ACT, 2008
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