Sebastian Abraham vs The State Of Kerala
2023 Latest Caselaw 1651 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
                        WP(C) NO. 2783 OF 2023
PETITIONER:

            SEBASTIAN ABRAHAM
            AGED 37 YEARS
            S/O ABRAHAM, CHUMAPPUNKAL HOUSE, POOVARANY P.O.,
            PAIKA, KOTTAYAM, PIN - 686577
            BY ADVS.
            K.C.VINCENT
            T.N.ARJUN
RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF REVENUE, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE REVENUE DIVISIONAL OFFICER
            OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL
            STATION, PALA, PALA P.O., KOTTAYAM, PIN - 686575
    3       THE VILLAGE OFFICER
            VILLAGE OFFICE, LALAM, PALA P.O., KOTTAYAM - 686575
    4       THE LOCAL LEVEL MONITORING COMMITTEE
            PALA MUNICIPALITY, REPRESENTED BY THE AGRICULTURAL
            OFFICER, KRISHI BHAVAN,PALA, PALA P.O.,
            KOTTAYAM, PIN - 686575
    5       THE AGRICULTURAL OFFICER
            KRISHI BHAVAN, PALA, PALA P.O.,
            KOTTAYAM, PIN - 686575
            SRI.APPU.P.S-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.2783 OF 2023

                                     2




                               JUDGMENT

Dated this the 27th day of January, 2023

The petitioner is the owner in possession of 48.25 Ares of land in Re-

Survey No.96/14 in Block No.80 of Lalam Village in Meenachil Taluk of

Kottayam District. The petitioner confines his relief for an expeditious

consideration of Ext.P5 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 2nd respondent to consider Ext.P5 application

(Form No.5), taking note of all relevant aspects and after obtaining all due

reports from the Agricultural Officer and adverting to Ext.P3 draft data

bank as well and to pass appropriate orders thereon. The entire proceedings

shall be completed within a period of three months from the date of receipt WP(C) NO.2783 OF 2023

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.2783 OF 2023

APPENDIX OF WP(C) 2783/2023

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 19.11.2020 Exhibit P2 A TRUE COPY OF THE SALE DEED NO. 188/2010 OF S.R.O. MEENACHIL Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK DATED NIL Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED IN GAZETTE DATED 19.02.2021 Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 28.06.2022 RESPONDENTS' EXHIBITS: NIL