Nisha Mary Felicia Thomas vs State Of Kerala
2023 Latest Caselaw 1960 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                          WP(C) NO. 3715 OF 2023
PETITIONER:

              NISHA MARY FELICIA THOMAS
              AGED 55 YEARS
              D/O. A.J. HENRY, AYATHUPARAMBIL HOUSE, MARADU P.O.,
              ERNAKULAM DISTRICT, PIN - 682304

              BY ADVS.
              GEORGE MATHEW
              M.D.SASIKUMARAN
              ELSA DENNY PINDIS
              SUNIL KUMAR A.G
              MATHEW K.T.
              GEORGE K.V.
              STEPHY K REGI


RESPONDENTS:

     1        STATE OF KERALA
              REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
     2        THE DISTRICT COLLECTOR
              CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 692030
     3        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, 1ST FLOOR, K.B. JACOB ROAD,
              FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
     4        THE TAHSILDHAR
              KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM, PIN - 682011
     5        VILLAGE OFFICER
              VILLAGE OFFICE, MARADU VILLAGE, NETTUR, ERNAKULAM,
              PIN - 682040
              SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3715 OF 2023                 2




                                  JUDGMENT

Dated this the 3rd day of February, 2023

The petitioner is the owner in possession of

5.54 Ares of land in Re-survey No.440/2-48 of Maradu

Village in Kanayannur Taluk of Ernakulam District. The

petitioner confines her relief for an expeditious consideration

of Ext.P3 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 converted 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/3rd

respondent to consider Ext.P3 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

3rd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 3715/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 1545 OF 2011 DTD.10.06.2011 OF MARADU SRO

Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT NO.

KL07021411320/2022 02.08.2022 ISSUED BY 5TH RESPONDENT

Exhibit P3 TRUE COPY OF FORM - 5 APPLICATION DTD.

12.10.2022 SUBMITTED WITH 3RD RESPONDENT BY PETITIONER

Exhibit P4 TRUE COPY OF RECEIPT NO.KL07021413973/2022 DTD.12.10.2022 ISSUED BY 5TH RESPONDENT