K M Gopinathanan Nair vs District Collector
2023 Latest Caselaw 3011 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                          WP(C) NO. 8447 OF 2023
PETITIONER:

              K M GOPINATHANAN NAIR
              AGED 73 YEARS
              KOKKARETHUTHEKKETHIL HOUSE, MUTTOM P.O, CHEPPADU VILLAGE,
              KARTHIKAPPALLI TALUK ., PIN - 690511

              BY ADV V.BIJU JOSEPH


RESPONDENTS:

     1        DISTRICT COLLECTOR
              COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT., PIN - 682030

     2        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM
              DISTRICT., PIN - 682001

     3        TAHASILDAR
              KANAYANNOOR TALUK OFFICE, ERNAKULAM DIST., PIN - 682011

     4        VILLAGE OFFICER
              KUREKKADU VILLAGE OFFICE, ERNAKULAM DIST., PIN - 682305

     5        AGRICULTURAL OFFICER
              KRISHI BHAVAN CHOTTANIKKARA, ERNAKULAM DIST., PIN -
              682312

     6        STATE OF KERALA
              REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
              SECRETARIAT, THIRUVANANTHAPURAM ., PIN - 695001

              SRI.JAYAN.T-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8447 OF 2023                2




                                JUDGMENT

Dated this the 13th day of March, 2023

The petitioner is the owner in possession of 4.26

Ares of land in Resurvey No.73/2-16 of Karikkad Village in

Kanayannur Taluk of Ernakulam District. The petitioner

confines his relief for an expeditious consideration of Ext.P4

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 high

lying 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/2nd respondent to 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 four 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 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 8447/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 738/1997 OF SRO MULANTHURUTHI.

Exhibit P2 TRUE COPY OF DATA BANK DATED 18.1.2023 ISSUED BY AGRICULTURAL OFFICER, CHOTTANIKKARA.

Exhibit P3 TRUE COPY OF TAX RECEIPT DATED 2.4.2022 ISSUED BY VILLAGE OFFICER KUREEKADU.

Exhibit P4 TRUE COPY OF APPLICATION IN FORM NO.5 DATED 2.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.