Citation : 2023 Latest Caselaw 2807 Ker
Judgement Date : 1 March, 2023
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. 6974 OF 2023
PETITIONER:
RONY GEORGE
AGED 49 YEARS
S/O. V.J. GEORGE, 24/3335, VILLANSSERIL HOUSE,
PERUMANOOR P.O., ERNAKULAM, PIN - 682015
BY ADVS.
LEO LUKOSE
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE
DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
CIVIL STATION, KAKKANADU, ERNAKULAM, PIN - 682021
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682001
4 TAHSILDAR
KANAYANNUR TALUK OFFICE, ERNAKULAM, PIN - 682011
5 VILLAGE OFFICER
MARADU VILLAGE OFFICE, MARADU, ERNAKULAM, PIN - 682040
6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM, PIN-682040
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.6974 OF 2023
2
JUDGMENT
Dated this the 1st day of March, 2023
The petitioner is the owner in possession of 4.86 Ares of land in
Survey Nos.179/3-10 and 179/3-8 of Maradu Village in Kanayannur 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 3rd 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 four months from the
date of receipt of a copy of this judgment. WP(C) NO.6974 OF 2023
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO.6974 OF 2023
APPENDIX OF WP(C) 6974/2023
PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27.10.2022 ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK SHOWING THE LAND IDENTIFICATION DETAILS. Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 21.04.2022 SUBMITTED BY THE PETITIONER, BEFORE THE 3RD RESPONDENT RESPONDENTS' EXHIBITS: NIL
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