Jameela Karim vs The Revenue Divisional ...
2023 Latest Caselaw 1670 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. 2626 OF 2023
PETITIONER:

            JAMEELA KARIM
            AGED 67 YEARS
            W/O K. ABDUL KARIM, KUREEKOTTIL ,
            MADATHIPARAMBIL HOUSE, THAIKKATTUKARA P.O.,
            ALUVA, ERNAKULAM DISTRICT, PIN - 683106
            BY ADVS.
            P.K.SOYUZ
            E.V.BABYCHAN


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
            RDO OFFICE, FORT KOCHI P.O
            ERNAKULAM, PIN - 682001
    2       THE LOCAL LEVAL MONITORING COMMITEE
            CHOORNIKARA PANCHAYATH
            REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER,
            KRISHI BHAVAN, CHOORNIKARA , THAIKATTUKARA P.O,
            ALUVA, ERNAKULAM DISTRICT, PIN - 683106
    3       THE VILLAGE OFFICER,
            CHOORNUKARA VILLAGE OFFICE
            THAIKATTUKARA P.O., ALUVA
            ERNAKULAM DISTRICT, PIN - 683106
            BY ADV.
            SMT.PARVATHY.K - 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. 2626 OF 2023
                                 2


                          JUDGMENT

Dated this the 27th day of January, 2023

The petitioner is the owner in possession of 10.70

Ares of land comprised in Re-Survey No.156/11 in Block

No.34 of Choornikara Village in Aluva Taluk of

Ernakulam District. The petitioner confines her relief for

an expeditious consideration of Ext.P3 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 included in the data

bank also as "converted land". It is submitted that the

LLMC has also forwarded Ext.P4 recommendation to the

RDO, which is liable to be acted upon.

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 WP(C) NO. 2626 OF 2023

RDO/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 two 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
DM                                      JUDGE
 WP(C) NO. 2626 OF 2023


              APPENDIX OF WP(C) 2626/2023

PETITIONER'S EXHIBITS
EXHIBIT P1        TRUE COPY OF THE       LAND   TAX   RECEIPT
                  DATED 12 12 2022
EXHIBIT P2        TRUE COPY OF THE RELAVENT PAGES OF

THE DRAFT DATA BANK OF CHOORNIKARA GRAMA PANCHAYATH EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM 5 DATED 06 12 2019 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO CHR 11/2022 -23 SENT BY THE 2ND RESPONDENT TO THE RDO FORT KOCHI WITH TYPED COPY OF THE SAME EXHIBIT P5 TRUE COPY OF THE RECEIPT NO 10426/2022 DATED 26 12 2022 RESPONDENTS' EXHIBITS: NIL

//TRUE COPY// PA TO JUDGE