Nabeel Salim vs The District Collector
2023 Latest Caselaw 4245 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. 11302 OF 2023
PETITIONER:

              NABEEL SALIM
              AGED 46 YEARS
              S/O. SALIM, THARAKKANDATHIL HOUSE, AMBUNADUKARA,
              KUNNATHUNADU, ERNAKULAM, PIN - 683565

              BY ADVS.
              ARYA UNNIKRISHNAN
              SHAKTHI PRAKASH



RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM,
              PIN - 682030

     2        THE REVENUE DIVISIONAL OFFICER
              MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR,
              MUVATTUPUZHA-PATTIMATTOM ROAD, MUVATTUPUZHA, PIN - 686673

     3        THE TAHSILDAR
              KUNNATHUNADU TALUK OFFICE, POOPPANI ROAD, PERUMBAVOOR,
              ERNAKULAM, PIN - 683543

     4        THE AGRICULTURAL OFFICER
              KIZHAKKAMBALAM KRISHI BHAVAN, KIZHAKKAMBALAM, ERNAKULAM,
              PIN - 683562

              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. 11302 OF 2023               2




                                JUDGMENT

Dated this the 31st day of March, 2023

The petitioner is the owner in possession of 6.81 Ares

of land in Survey Nos.92/7 and 92/8-6 of Kizhakkambalam

Village in Kunnathunadu 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

three 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

2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 11302/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 07.06.2022

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK ISSUED BY THE KIZHAKKAMABALAM KRISHI BHAVAN

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 16.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT OF THE FEES FOR THE APPLICATION DATED 17.02.2023