Citation : 2023 Latest Caselaw 1971 Ker
Judgement Date : 3 February, 2023
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. 3710 OF 2023
PETITIONER:
GHEETA PETER
AGED 51 YEARS
W/O. GINNY FRANCIS, PAYYAPPILLY P.O THIRUMUDIKKUNNU,
THRISSUR, PIN - 680308
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.JOSHY.THANNIKAMATTOM -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. 3710 OF 2023 2
JUDGMENT
Dated this the 3rd day of February, 2023
The petitioner is the owner in possession of 18.50 Ares
of land in Survey Nos.129/11, 129/12, 129/8 and 129/9-2 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 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 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 RDO/1 st
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. The petitioner shall produce the copy of this
judgment along with the copy of the writ petition before the
1st respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska
APPENDIX OF WP(C) 3710/2023
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7.11.2022
Exhibit P 2 A TRUE COPY OF THE RECEIPT OF FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7.11.2022
Exhibit P 3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 29.10.2022 ISSUED BY THE VILLAGE OFFICER KALADY
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