Kerala High Court
Sheela Suresh vs State Of Kerala on 12 April, 2024
WP(C)No.15069 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15069 OF 2024
PETITIONER:
SHEELA SURESH,
AGED 56 YEARS
C/O. SURESH KUMAR, H NO.22/182A, SUCHITRA HOUSE, PULLACHAL
ROAD,MUTTAR, ELOOR, ERNAKULAM, PIN - 683501
BY ADVS.
S.GOPAKUMAR
T.M.BINITHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI,
ERNAKULAM, PIN - 682002
3 THE THAHASILDAR,
PARAVUR TALUK OFFICE,
NORTH PARAVUR, PIN - 683513
4 THE AGRICULTURE OFFICER,
KRISHI BHAVAN, UDYOGAMANDAL,
ELOOR,ERNAKULAM, PIN - 683501
5 THE VILLAGE OFFICER,
ELOOR VILLAGE,
ERNAKULAM, PIN - 683501
SMT.AMMINIKUTTY K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.15069 of 2024
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MOHAMMED NIAS C.P., J.
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WP(C)No.15069 of 2024
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Dated this the 12th day of April, 2024
JUDGMENT
The petitioner and her husband together are stated to be the owners in possession
of land having an extent of 1.13 Ares (2.791 Cents) comprised in Block No.178 resurvey
No.2/2 of Eloor village in Paravur Taluk. Ext.P5 application was filed seeking deletion of
the property from the data bank under Form 5 of the Kerala Conservation of Paddy Land
and Wetland Act, 2008 (for short, 'the Act'). The learned counsel for the petitioner
submits that it is the only property available to her on which she availed an educational
loan to send her daughter who got admission for higher studies, as is seen from Ext.P4.
2. The learned counsel for the petitioner submits that no orders have been
passed on the statutory application so far.
3. Taking note of the peculiar facts in this case and to facilitate the petitioner to
obtain an educational loan for the purpose stated above, there will be a direction to the
fourth respondent - Agricultural officer or to the fifth respondent, the Village Officer
concerned, as the case may be, to give their inputs to the second respondent - the
Revenue Divisional Officer within three weeks from today. On receipt of the same, the
second respondent - RDO will consider and pass orders on the application strictly in terms
of the Act and Rules, within three weeks thereafter. It is made clear that the above
directions are given only on account of the reasons stated above and shall not be treated
as a precedent in other cases.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/12.4.2024
APPENDIX OF WP(C) 15069/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 PHOTOGRAPH SHOWING THE STATUS OF THE
PETITIONER'S LAND AND SURROUNDINGS AT THE TIME
OF PURCHASE
EXHIBIT P2 TRUE COPY OF THE TAX PAID RECEIPT IN RESPECT OF
THE RESIDENTIAL BUILDING OF THE PETITIONER
EXHIBIT P3 PHOTOGRAPH OF THE PETITIONER'S HOUSE
EXHIBIT P4 TRUE COPY OF THE DDS CERTIFICATE OF THE
PETITIONER'S DAUGHTER
EXHIBIT P5 TRUE COPY OF THE FORM NO.5 APPLICATION
SUBMITTED BY THE PETITIONER AND HER HUSBAND DT.
14/03/2024
EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED FOR THE FEE
PAID FOR EXHIBIT P5
