Abdul Latheef vs The District Collector
2023 Latest Caselaw 4209 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        WP(C) NO. 11602 OF 2023
PETITIONER:

          ABDUL LATHEEF
          AGED 63 YEARS
          MANAGING DIRECTOR AND REPRESENTING HERCULES
          HOSPITALITIES PVT. LTD., S/O. MEERA SAHIB,
          PUTHANVILA HOUSE, CHENGAMANADU, ERNAKULAM, PIN - 683578
          BY ADV UNNIKRISHNAN.V.ALAPATT
RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682021
    2     THE REVENUE DIVISIONAL OFFICER
          K B JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001
    3     THE TAHSILDAR
          ALUVA TALUK OFFICE, ALUVA, ERNAKULAM, PIN - 683101
    4     THE AGRICUTLURAL OFFICER
          CHENGAMANADU KRISHI BHAVAN, CHENGAMANADU,
          ERNAKULAM, PIN - 683578
          SMT.PARVATHY.K-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11602 OF 2023

                                      2




                                JUDGMENT

Dated this the 31st day of March, 2023

The petitioner is the owner in possession of 90.06 Ares of land in

Survey Nos.11/10-2, 11/10-3, 11/8-2, 11/8-4, 15/1, 15/1-2, 15/1-2-2 and

15/1-3 of Chengamanad Village in Aluva Taluk of Ernakulam District. The

petitioner confines his relief for an expeditious consideration of Ext.P3

application in Form No.5 under the proviso to Section 5(4) 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 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 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 four months from the WP(C) NO. 11602 OF 2023

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 11602 OF 2023

APPENDIX OF WP(C) 11602/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 28-5-2022 Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF CHENGAMANADU GRAMA PANCHAYAT DATED 24-3-2012 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 6-

3-2023SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT OF THE APPLICATION DATED 16-3-2023 RESPONDENTS' EXHIBITS: NIL