Citation : 2023 Latest Caselaw 3253 Ker
Judgement Date : 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 7538 OF 2023
PETITIONER:
JACOB JOSEPH JACOB,
AGED 57 YEARS
S/O. JACOB, MOLERA VALIYA VEETTIL HOUSE, ALANGAD,
ALUVA, PIN - 683511
BY ADV LIFFY P. FRANCIS
RESPONDENTS:
1 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ALANGAD, EMAKULAM., PIN - 683511
2 THE VILLAGE OFFICER,
VILLAGE OFFICE, ALANGAD,, PIN - 683510
3 THE CHAIRMAN,
LOCAL LEVEL MONITORING COMMITTEE, ALANGAD
GRAMAPANCHAYATH, ALANGAD, PIN - 683510
4 THE REVENUE DIVISIONAL OFFICER,
CHAIRMAN- DISTRICT LEVEL AUTHORISED COMMITTEE,
ERNALKULAM., PIN - 682032
5 STATE OFKERALA
REPRESENTED BY THE REVENUE SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY SMT.PARVATHY.K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.7538 OF 2023
-: 2 :-
ANU SIVARAMAN, J.
=========================
W.P.(C) No.7538 of 2023
=========================
Dated this the 23rd day of March, 2023
JUDGMENT
Petitioner is the owner in possession of 33.59 Ares
of land in Survey No.254/1-2 of Alangad Village in
Paravur Taluk of Ernakulam District. The petitioner
confines his relief for an expeditious consideration of
Ext.P11 application in Form No.5 under 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 WP(C) NO.7538 OF 2023
the matter, this writ petition is disposed of directing the
4th respondent to consider Ext.P11 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 SSK/23/03 WP(C) NO.7538 OF 2023
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 8370/2007 DATED 31-12-2007 Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT IS DATED 26-06-2012 Exhibit P3 THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22-03-2013 Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 21-
12-2013 Exhibit P6 THE TRUE COPY OF THE REPORT DATED 24- 12-
2013 SUBMITTED BY THE VILLAGE OFFICER, ALANGAD Exhibit P7 THE TRUE COPY OF THE MINUTES OF THE MEETING CONVEYED BY THE LLMC DATED 10.6.2014 Exhibit P8 THE TRUE COPY OF THE SAID APPLICATION PREFFERD BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 8.1.2015 Exhibit P9 THE TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE HIGH COUT OF KERALA DATED 25-02- 2015 IN WP ( C) 1876/2015 Exhibit P10 THE TRUE COPY OF THE RELEVANT PAGE OF DATA BANK OF KRISHI BHAVAN ALANGADU Exhibit P11 THE TRUE COPY OF THE FOM-5 APPLICATION DATED 17-05-2022 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
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