C.C.Abraham vs Revenue Divisional Officer, ...
2023 Latest Caselaw 1964 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. 3386 OF 2023
PETITIONER:

            C.C.ABRAHAM
            AGED 62 YEARS
            S/O CHERIAN, PWRA-E27A, CHURCH ROAD, PALLINADA,
            PALARIVATTOM, ERNAKULAM, PIN - 682025
            BY ADVS.
            V.S.ABHISHEK
            ROHITH KURIAKOSE
RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER, ERNAKULAM
            REVENUE DIVISIONAL OFFICE, KB JACOB RD, FORT KOCHI,
            KOCHI, KERALA, PIN - 682001
    2       AGRICULTURAL OFFICER, ERNAKULAM
            KRISHI BHAVAN, 1ST FLOOR, KOCHI CORPORATION VYTTILA,
            SHOPPING COMPLEX VYTTILA, ERNAKULAM, PIN - 682019
    3       THE VILLAGE OFFICER,
            EDAPALLY SOUTH, VILLAGE OFFICE RD,
            VENNALA, KOCHI, KERALA, PIN - 682028
            SRI.JOSHY THANNICKAMATTAM, 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.3386 OF 2023

                                      2




                               JUDGMENT

Dated this the 3rd day of February, 2023

The petitioner is the owner in possession of 2.70 Ares of land in

Survey No.155/6A-37-2 of Edappilly South Village in Kanayannur Taluk

of Ernakulam District. The petitioner confines his relief for an expeditious

consideration of Ext.P3 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 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 1st 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. WP(C) NO.3386 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.3386 OF 2023

APPENDIX OF WP(C) 3386/2023

PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 03.03.2022 ISSUED BY THE 3RD RESPONDENT Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE IS-

SUED BY THE 3RD RESPONDENT DATED 17.06.2022 Exhibit-P3 TRUE COPY OF THE APPLICATION NO.

154/2022/29020 DATED 21.04.2022 BEFORE THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: NIL