Navas vs State Of Kerala
2023 Latest Caselaw 2756 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(C) NO. 6486 OF 2023
PETITIONER:

          NAVAS
          AGED 37 YEARS
          S/O. IBRAHIMKUTTY, PUNNELIPALLAM HOUSE, UC COLLEGE P.O,
          ALUVA, ERNAKULAM DISTRICT, PIN- 683102
          BY ADVS.
          SALIM V.S.
          A.M.FOUSI
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, PIN - 682001
    3     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENER, AGRICULTURE OFFICER,
          KRISHI BHAVAN, KADUNGALLOOR, PIN - 683110
          SMT.PARVATHY.K-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6486 OF 2023

                                      2




                               JUDGMENT

Dated this the 1st day of March, 2023

The petitioner is the owner in possession of 2.83 Ares of land in

Survey No.229/3-21 of Kadungalloor Village in Paravur 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 garden 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.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 three months from the

date of receipt of a copy of this judgment. WP(C) NO. 6486 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6486 OF 2023

APPENDIX OF WP(C) 6486/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 28.04.2022 ISSUED FROM KADUNGALLOOR VILLAGE. Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK NOTIFIED IN THE GAZETTE DATED 02.03.2021.

Exhibit-P3 TRUE COPY OF THE APPLICATION IN FORM-5 DATED 06.08.2022.

RESPONDENTS' EXHIBITS: NIL