Riyas.A vs State Of Kerala
2023 Latest Caselaw 3880 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                    WP(C) NO. 11271 OF 2023
PETITIONER:
           RIYAS.A
           AGED 41 YEARS
           S/O.ABDUL RAHMAN.S (LATE), AYANIMOODU HOUSE, MANACADU
           VADAKKEVILA POST, KOLLAM DISTRICT., PIN - 691010
           BY ADVS.
           AVANEESH KOYIKKARA
           SALJO JOSE
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN -
           695001
     2     DISTRICT COLLECTOR, KOLLAM,
           COLLECTORATE, CIVIL STATION, KAANKATHU MUKKU, KOLLAM
           DISTRICT., PIN - 691013
     3     REVENUE DIVISIONAL OFFICER
           REVENUE DIVISIONAL OFFICE, KOLLAM, VIDYA NAGAR,
           KOLLAM., PIN - 691013
     4     TAHSILDAR
           TALUK OFFICE, KOLLAM, KACHERY, KOLLAM., PIN - 691013
     5     VILLAGE OFFICER
           VILLAGE OFFICE, VADAKKEVILA, PALLIMUKKU MARKET
           ,VADAKKEVILA, KOLLAM., PIN - 691010
     6     LOCAL LEVEL MONITORING COMMITTEE
           (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
           KRISHI BHAVAN, VADAKKEVILA, KILIKOLLOOR.P.O.,
           KOLLAM., PIN - 691004
     7     AGRICULTURAL OFFICER
           KRISHI BHAVAN, VADAKKEVILA, KILIKOLLOOR.P.O.,
           KOLLAM., PIN - 691004


          BY SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11271 OF 2023

                           -: 2 :-


             ANU SIVARAMAN, J.
        =========================
           W.P.(C) No.11271 of 2023
        =========================
          Dated this the 30th day of March, 2023

                         JUDGMENT

Petitioner is the owner in possession of 7.66 Ares

and 29.14 Ares of land in Survey Nos.562/6 and 562/6-

2 respectively of Vadakkevila Village in Kollam Taluk of

Kollam District. The petitioner confines his relief for an

expeditious consideration of Exts.P4 and P5 applications

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 WP(C) NO.11271 OF 2023

also and without expressing any view on the merits of

the matter, this writ petition is disposed of directing the

3rd respondent to consider Exts.P4 and P5 applications

(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/30/03 WP(C) NO.11271 OF 2023

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE TAX RECEIPT ISSUED BY VADAKKEVILA VILLAGE OFFICE DATED 13.09.2022 WITH RESPECT TO SURVEY NO.562/6.

Exhibit P2 THE COPY OF THE TAX RECEIPT ISSUED BY VADAKKEVILA VILLAGE OFFICE DATED 13.09.2022 WITH RESPECT TO SURVEY NO.562/6-2.

Exhibit P3 A COPY OF THE RELEVANT PAGES OF DATA BANK PUBLISHED IN GAZETTE DATED 23.02.2012.

Exhibit P4 . A COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.02.2023 WITH RESPECT TO 7.66 ARES IN SURVEY NO.562/6.

Exhibit P5 A COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.02.2023 WITH RESPECT TO 29.14 ARES IN NO.562/6-2.