Lekshmi Harikrishnan vs The Revenue Divisional Officer, ...
2023 Latest Caselaw 1801 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.3278 OF 2023
PETITIONER :-

             LEKSHMI HARIKRISHNAN, AGED 45 YEARS
             W/O. HARIKRISHNAN K., KRISHNA, FLAT NO.C,
             J.M. FLATS, FREEDOM ROAD, DESHABHIMANI (JN.),
             KALOOR, KOCHI, PIN - 682 017

             BY ADVS.
             S.SANTOSH KUMAR (PERUNAD)
             DEEPAK THOMAS


RESPONDENTS :-

      1      THE REVENUE DIVISIONAL OFFICER,
             FORT KOCHI, PIN - 682 002
             REPRESENTED BY GOVERNMENT PLEADER,
             HIGH COURT OF KERALA

      2      THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, THRIKKAKARA, PIN - 682 021
             (THE CONVENOR, LOCAL LEVEL MONITORING COMMITTEE)
             REPRESENTED BY GOVERNMENT PLEADER,
             HIGH COURT OF KERALA

      3      THE VILLAGE OFFICER,
             KAKKANAD, PIN - 682 030
             REPRESENTED BY GOVERNMENT PLEADER,
             HIGH COURT OF KERALA

             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.3278 OF 2023

                                   -: 2 :-


                               JUDGMENT

Dated this the 1st day of February, 2023

The petitioner is the owner in possession of 1.67 Ares of land

in Re-survey No.679/3-3-7 of Kakkanadu Village in Kanayannur

Taluk of Erankulam District. The petitioner confines her relief for

an expeditious consideration of Exhibit 5 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 a dry land and has been erroneously included in the data

bank.

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 1 st respondent to consider

Exhibit 5 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.

Sd/-

ANU SIVARAMAN JUDGE Jvt/4.2.2023 WP(C) NO.3278 OF 2023

APPENDIX OF WP(C) 3278/2023

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF THE PETITIONER'S TITLE DEED NO.

1461/2014 DATED 7-4-2014 OF THRIKKAKARA SUB REGISTRAR OFFICE

Exhibit2 TRUE COPY OF TAX RECEIPT OF THE PETITIONER'S PROPERTY

Exhibit3 A SKETCH OF THE LAYOUT OF THE RESIDENTIAL PROPERTY

Exhibit4 TRUE COPY OF THE GOVERNMENT NOTIFICATION NO. K-

13430/08 DATED 14TH DECEMBER 2009

Exhibit5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 5 TO THE 1ST RESPONDENT

Exhibit6 A TRUE COPY OF THE KSREC REPORT DATED 29.7.2021 RELATING TO THE PROPERTY COMPRISED IN SURVEY NUMBERS 679/1, 679/3, 679/4 AND 679/6 OF KAKKANAD VILLAGE

Exhibit7 A TRUE COPY OF THE LLMC REPORT DATED 07.12.2021 RELATING TO THE PROPERTY COMPRISED IN SURVEY NUMBERS 679/1, 679/3, 679/4 AND 679/6OF KAKKANAD VILLAGE

Exhibit8 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE PROPERTY COMPRISED IN SURVEY NUMBERS 679/1, 679/3, 679/4 AND 679/6OF KAKKANAD VILLAGE