Jaksy John Thayankeri vs Revenue Divisional Officer
2023 Latest Caselaw 3283 Ker

               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. 10257 OF 2023
PETITIONER:

          JAKSY JOHN THAYANKERI
          AGED 49 YEARS
          JAKSY JOHN THAYANKERI, 49 AGED YEARS, W/O DIAS JOB
          ALIYATH, CHITTILAPPILLI THOMMANA HOUSE, MARATHAKAM
          ROAD, PURANATTUKARA PO, THRISSUR DT, PIN - 680551
          BY ADVS.
          SHOBY K.FRANCIS
          AGI SHOBY


RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER
          OFFICE OF THE RDO, COLLECTERATE, AYYANTHOLE PO,
          THRISSUR DT, PIN - 680003
    2     TAHSILDAR/ADDL. TAHSILDAR [LAND RECORDS]
          TALUK OFFICE, THRISSUR TALUK, CHEMBUKAVU PO, THRISSUR
          DT, PIN - 680020
    3     LOCAL LEVEL MONITORING COMMITTEE OF ADAT GRAMA
          PANCHAYATH
          REPRESENTED BY ITS CONVENER/AGRICULTURAL OFFICER,
          KRISHI BHAVAN ADAT, ADAT PO, THRISSUR DT, PIN -
          680551
    4     AGRICULTURAL OFFICER
          KRISHI BHAVAN ADAT, ADAT PO, THRISSUR DT, PIN -
          680551
    5     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVT.
          REVENUE DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

          BY SRI.APPU.P.S-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.10257 OF 2023

                               -: 2 :-


            ANU SIVARAMAN, J.
       =========================
          W.P.(C) No.10257 of 2023
       =========================
            Dated this the 23rd day of March, 2023

                         JUDGMENT

Petitioner is the owner in possession of 2.12 Ares

of land in Survey Nos.367/3-3 and 367/4-3 of

Puranattukara Village in Thrissur Taluk of Thrissur

District. The petitioner confines her relief for an

expeditious consideration of Ext.P3 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.10257 OF 2023

the matter, this writ petition is disposed of directing the

1st 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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SSK/23/03 WP(C) NO.10257 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit P-1 A TRUE COPY OF THE REGISTERED TITLE DEED NO. 936/2019 OF SRO AYYANTHOLE DATED 28-3-

Exhibit P-2 A TRUE COPY OF THE ORDER DATED 16- 02-2023 IN ORDER NO. D1/1927/2021 PASSED BY THE FIRST RESPONDENT

Exhibit P-3 A TRUE COPY OF THE FORM 5 APPLICATION FILED UNDER SEC. 27A OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 AND RULE 4 (D) OF ITS RULES TO EXCLUDE AN EXTENT OF 2.12 ARS [ 5.24 CENTS] OF LAND COMPRISED IN SURVEY NO.367/3-3 & 367/43 OF PURANATTUKARA VILLAGE IN THRISSUR TALUK IN THRISSUR DT. FROM THE DATA BANK DATED 24-08-2022 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT