Citation : 2023 Latest Caselaw 4227 Ker
Judgement Date : 31 March, 2023
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. 11562 OF 2023
PETITIONER:
ABDUL LATHEEF
AGED 63 YEARS
MANAGING DIRECTOR AND REPRESENTING HECULES HOSPITALITIES
PVT.LTD., S/O. MEERA SAHIB, PUTHANVILA (H), 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 AGRICULTURAL OFFICER
CHENGAMANADU KRISHI BHAVAN, CHENGAMANAD, 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. 11562 OF 2023 2
JUDGMENT
Dated this the 31st day of March, 2023
The petitioner is the owner in possession of 12.56 Ares of
land in Survey Nos.15/7-2 and 15/8-4 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 provisions 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 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 RDO/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 date of receipt of a copy of this
judgment. The petitioner shall produce the copy of this judgment
along with the copy of the writ petition before the 2 nd respondent for
compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska
APPENDIX OF WP(C) 11562/2023
PETITIONER 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 2 RESPONDENT
Exhibit P4 TRUE COPY OF THE RECEIPT OF THE APPLICATION DATED 6-3-2023
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