1. Abraham Isac vs 1. The Revenue Divisional Officer
2023 Latest Caselaw 1965 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. 3385 OF 2023
PETITIONERS:

    1       ABRAHAM ISAC
            AGED 62 YEARS
            W/O.ABRAHAM ISAC, PADINJARE VEETTIL HOUSE, ANGADIKAL,
            PUTHANKAVU P.O, ALEPPY DISTRICT, PIN - 689123
    2       GEETA ABRAHAM
            AGED 58 YEARS
            W/O ABRAHAM ISAC, PADINJARE VEETTIL HOUSE, ANGADIKAL,
            PUTHANKAVU P.O, ALEPPY DISTRICT, PIN - 689123
            BY ADV GEORGE RENOY
RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE, FORTKOCHI,
            ERNAKULAM DISTRICT, PIN - 682001
    2       THE VILLAGE OFFICER,
            KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
    3       THE AGRICULTURAL OFFICER, THRIKKAKARA
            OFFICE AT KRISHI BHAVAN, THRIKKAKARA, KAKKANAD
            ERNAKULAM DISTRICT, PIN - 682030
    4       LOCAL LEVEL MONITORING COMMITTEE
            REP. BY ITS CONVENOR, THE AGRICULURAL OFFICER,
            THRIKKAKARA, OFFICE AT KRISHI BHAVAN, THRIKKAKARA,
            KAKKANAD, ERNAKULAM, PIN - 682030
            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.3385 OF 2023

                                      2




                               JUDGMENT

Dated this the 3rd day of February, 2023

The petitioners are the owners in possession of 3.86 Ares of land in

Survey Nos.574/6-2-4 and 574/9-4 of Kakkanad Village in Kanayannur

Taluk of Ernakulam District. The petitioners confine their relief for an

expeditious consideration of Ext.P2 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 petitioners, 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.P2 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.3385 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.3385 OF 2023

APPENDIX OF WP(C) 3385/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 23/05/2022 Exhibit P2 TRUE COPY OF THE APPLICATION DATED 25/05/2022 SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT RESPONDENTS' EXHIBITS: NIL