Swapna Jobi vs The District Collector
2023 Latest Caselaw 3284 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. 10235 OF 2023
PETITIONER:

          SWAPNA JOBI
          AGED 49 YEARS
          D/O. AUGUSTINE MANUEL, ILAVUNGAL HOUSE, SINCERE LANE
          APPOLO ROAD, THAMMANAM P.O., ERNAKULAM, PIN - 682032
          BY ADVS.
          N.KRISHNA RAJA MAULI
          BINIYAMIN K.S.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682001
    2     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, K B JACOB ROAD, FORT
          KOCHI, ERNAKULAM, PIN - 682001
    3     THE TAHSILDAR
          KANAYANNUR TALUK OFFICE, KANAYANNUR, PARK AVENUE,
          NEAR SUBHASH PARK, MARINE DRIVE, KOCHI, PIN - 682011
    4     THE VILLAGE OFFICER
          EDAPPALLY SOUTH VILLAGE OFFICE VENNALA.P.O ,CIVIL
          LINE ROAD, BYE PASS JUNCTION, PALARIVATTOM,VENNALA,
          ERNAKULAM, PIN - 682028
    5     THE AGRICULTURAL OFFICER
          VYTTILA KRISHI BHAVAN, VYTTILLA JUNCTION, VYTTILLA,
          ERNAKULAM, PIN - 682019


          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.10235 OF 2023

                            -: 2 :-


            ANU SIVARAMAN, J.
       =========================
          W.P.(C) No.10235 of 2023
       =========================
          Dated this the 23rd day of March, 2023

                         JUDGMENT

Petitioner is the owner in possession of 11.62 Ares

of land in Survey No.67/1A-4 of Edappally South Village

in Kanayannur Taluk of Ernakulam 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.10235 OF 2023

the matter, this writ petition is disposed of directing the

2nd 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.10235 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 21.04.2022

Exhibit P2 THE TRUE COPY OF THE RELEVANT PORTION OF DRAFT DATA BANK DATED NIL

Exhibit P3 THE TRUE COPY OF THE FORM 5 APPLICATION DATED 05.08.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 THE TRUE COPY OF THE RECEIPT FOR PAYMENT OF STATUTORY FEE OF EXT. P3 APPLICATION DATED 05.08.2022

Exhibit P5 THE TRUE COPY OF REPORT DATED 13.09.2022 SUBMITTED BY 4TH RESPONDENT BEFORE 2ND RESPONDENT