Joju John Thanikal vs The Revenue Divisional Officer
2023 Latest Caselaw 9739 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023/22ND BHADRA, 1945
                     WP(C) NO. 29454 OF 2023
PETITIONER:

            JOJU JOHN THANIKAL
            AGED ABOUT 67 YEARS
            S/O. JOHN KUNJUVAREED,
            RESIDING AT 5B, WEST WATER,
            PERUMANOOR, ERNAKULAM,
            PIN - 682 015.

            BY ADVS.
            MARIYA RAJAN
            SHINU J.PILLAI
            S.SUJA
            AISWARYA JAMES
            NESMEL DIVAN
            DIYA BIJOY
            SWETHA ELIZABETH SABOR


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER
            FIRST FLOOR, KB JACOB ROAD,
            FORT KOCHI, KOCHI, KERALA,
            PIN - 682 001.
    2       LOCAL LEVEL MONITORING COMMITTEE
            REPRESENTED BY ITS CONVENOR
            THE AGRICULTURE OFFICER,
            KUMBALAM - PANANGAD KRISHI BHAVAN, PANANGAD,
            ERNAKULAM, KOCHI, PIN - 682 506.
    3       THE VILLAGE OFFICER
            VILLAGE OFFICE KUMBALAM, PANANGAD,
            ERNAKULAM, KOCHI, PIN - 682 506.

            SRI. BIMAL K.NATH - SR. GP



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   13.09.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.29454 OF 2023

                                 2



                               JUDGMENT

The petitioner obtained 1.62 Ares of land

comprised in Re Survey No.83/9-3 of Block 16 in

Kumbalam Village, Kanayannur Taluk, Ernakulam.

According to the petitioner, the said land is lying as

dry land for more than 40 years and the land is

erroneously included in the data bank. The petitioner

confines his prayer for an expeditious consideration

of Form 5 application filed under the Kerala

Conservation of Paddy land and Wetland Rules, 2008.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

In the facts and circumstances of the case and

having regard to the submissions made across the

Bar and without expressing any view on the merits of

the matter, this writ petition is disposed of directing WP(C).No.29454 OF 2023

the RDO/1st respondent to consider Form 5

application filed by the petitioner, as evidenced by

Ext.P3 receipt, 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.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.29454 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 02.06.2023 RECEIVED ON THE PAYMENT OF BASIC LAND TAX.

EXHIBIT P2 A TRUE COPY OF THE ENTRY IN THE LAND DATA BANK PUBLISHED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF APPLICATION NO.1/20 22/939331 DATED 17.02.2022 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL.