Liji Antony vs Revenue Divisional Officer
2023 Latest Caselaw 1962 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. 3659 OF 2023
PETITIONER:

            LIJI ANTONY
            AGED 50 YEARS
            W/O.N.P.ANTONY, NAMBIYATTUKUDY HOUSE,
            THANNIPUZHA, CHELAMATTOM, OKKAL P.O, VALLAM,
            PERUMBAOOR, ERNAKULAM, PIN - 683550
            BY ADVS.
            K.J.MANU RAJ
            K.VINAYA
RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER
            FORTKOCHI, X69V+2HV, FIRST FLOOR, K.B JACOB ROAD,
            FORTKOCHI, ERNAKULAM, PIN - 682001
    2       THE VILLAGE OFFICER,
            ALUVA TALUK, KALADY VILLAGE
            ERNAKULAM DISTRICT, PIN - 683101
    3       AGRICULTURAL OFFICER
            KRISHI BHAVAN, KALADY, MALAYATOOR ROAD,
            ERNAKULAM, PIN - 683574
            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. 3659 OF 2023

                                      2




                               JUDGMENT

Dated this the 3rd day of February, 2023

The petitioner is the co-owner in possession of 28.86 Ares of land in

Survey Nos.131/5, 132/10, 132/11-3 and 132/2-4 in Block No.27 of

Kalady Village in Aluva Taluk of Ernakulam District. The petitioner

confines her relief for an expeditious consideration of Ext.P1 application

in Form No.5 under the proviso to Section 5(4) 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.

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 1st respondent to consider Ext.P1 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. WP(C) NO. 3659 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 3659 OF 2023

APPENDIX OF WP(C) 3659/2023

PETITIONER'S EXHIBITS Exhibit P 1 A TRUE COPY OF THE FORM 5 APPLICATION SUBMIT-

TED BY THE PETITIONER BEFORE THE 1ST RESPON- DENT DATED 14.11.2022 Exhibit P 2 A TRUE COPY OF THE RECEIPT OF FORM 5 APPLICA-

TION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14.11.2022 Exhibit P 3 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 2.6.2022 ISSUED BY THE VILLAGE OFFICER KALADY RESPONDENTS' EXHIBITS: NIL