Vinodkumar K.R vs The Revenue Divisional Officer
2023 Latest Caselaw 2846 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. 1899 OF 2023
PETITIONERS:

     1      VINODKUMAR K.R,
            AGED 53 YEARS, S/O.B.RAVEENDRAN PILLAI,
            RESIDING AT KOPARAYIL HOUSE, KIZHAKKE KARA,
            MINAGAMPILLY, MINAGAMPILLY VILLAGE KUNATHOOR TALUK,
            KOLLAM, PIN CODE-690 524, REPRESENTED BY HIS DULY
            AUTHORIZED POWER OF ATTORNEY HOLDER V.C.GEORGE,
            AGED 63, S/O.JOSEPH CHACKO, RESIDING AT VADAKKEL
            HOUSE, EDAPPALLY TOLL, EDAPPALLY POST, THRIKKAKARA
            NORTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
            DISTRICT, PIN - 682 024
     2      A.P. HARI
            AGED 53 YEARS, S/O PRABHAKARAN PILLAI, RESIDING AT
            ARAMATH MADATHIL HOUSE, THODIYUR KARA, THODIYUR
            VILLAGE, KARUNAGAPALLY TALUK, KOLLAM, PIN CODE- 690
            523, REPRESENTED BY HIS DULY AUTHORIZED POWER OF
            ATTORNEY HOLDER V.C.GEORGE, AGED 63, S/O.JOSEPH
            CHACKO, RESIDING AT VADAKKEL HOUSE, EDAPPALLY TOLL,
            EDAPPALLY POST, THRIKKAKARA NORTH VILLAGE,
            KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682024
            BY ADVS.
            AJITH VISWANATHAN
            SHIBU JOSEPH
            SAYED MANSOOR BAFAKHY THANGAL
            M.SRIRAM
RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER,
            FORT KOCHI, FIRST FLOOR, K.B.JACOB ROAD,
            FORT KOCHI, ERNAKULUM DISTRICT, PIN - 682 001
     2      THE AGRICULTURAL OFFICER, KRISHIBHAVAN,
            KALAMASSERY, KRISHIBHAVAN, KALAMASSERY, PIN 682 021

            SRI.APPU.P.S - GP
     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

01.03.2023, ALONG WITH WP(C).1957/2023, 2147/2023, THE COURT ON THE SAME

DAY DELIVERED THE FOLLOWING:
 WP(C).No.1899 Of 2023


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                    ANU SIVARAMAN, J.
                 ==============
                   WP(C) No.1899 of 2023
                 ===============
                        Dated this the 01st day of March, 2023


                                  JUDGMENT

The petitioners are owners in possession of 16.23 Ares of

property comprised in survey Nos.149/2-3 and 149/2-4 (Old

Survey No.672/4) in Block No.5 of Thrikkakkara North Village,

Kanayannoor Taluk, Ernakulam District. The petitioners confine

their relief for an expeditious consideration of Ext.P4 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 petitioners, 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 RDO/1st respondent to WP(C).No.1899 Of 2023

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consider Ext.P4 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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN, JUDGE ded/01.03.2023 WP(C).No.1899 Of 2023

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APPENDIX OF WP(C) 1899/2023

PETITIONER EXHIBITS Exhibit1 THE TRUE PHOTOSTAT COPY OF THE POWER OF ATTORNEY DATED EXECUTED BY THE PETITIONERS Exhibit P2 THE TRUE PHOTOSTAT COPY OF THE SALE DEED NO.783 OF 2008, OF EDAPPALLY SUB REGISTRY, Exhibit P 2 (A) TRUE PHOTOSTAT COPY OF THE SALE DEED NO.785 OF 2008, OF EDAPPALLY SUB REGISTRY Exhibit P 3 TRUE PHOTOSTAT COPY OF THE DATABANK PREPARED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KALAMASSERY, UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 AND THE RULES THEREON, DATED 05-02-2021 Exhibit P 4 TRUE PHOTOSTAT COPY OF THE APPLICATION BEARING NO.5/2022/567328 DATED 15-06- 2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT Exhibit P 5 TRUE PHOTOSTAT COPY OF RECEIPT OF PAYMENT OF FEE FOR EXHIBIT P4 APPLICATION Exhibit p 6 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK CONTAINING RE-SURVEY NO.149/2 OF THRIKKAKARA NORTH VILLAGE Exhibit P 7 TRUE PHOTOSTAT COPY OF THE LETTER DATED 12-12-2022 ISSUED BY THE PETITIONERS TO THE RESPONDENTS Exhibit P 7 (a) TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF EXHIBIT P7