Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 WP(C) NO. 39971 OF 2023 PETITIONER: RIA REN, AGED 36 YEARS D/O WREN JOY EAPEN, PALMS VENNIKULAM P.O, MALLAPPALLY PURAMATTOM, PATHANAMTHITTA - 689544 REPRESENTED BY HER POWER OF ATTORNEY HOLDER DR. WREN JOY EAPEN, AGED 65 YEARS, S/O JOY EAPEN, PALMS VENNIKULAM P.O, MALLAPPALLY PURAMATTOM, PATHANAMTHITTA, PIN - 689544
BY ADVS. ARUN CHAND BEENA N.KARTHA BHARAT VIJAY P. MAJID MUHAMMED K. MINU VITTORRIA PAULSON NEETHU S. VINAYAK G MENON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT KOCHI , ERNAKULAM DISTRICT, PIN - 682001 3 LOCAL LEVEL MONITORING COMMITTEE (CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008) REPRESENTED BY THE CONVENER AND AGRICULTURAL OFFICER, 4 THE AGRICULTURAL OFFICER 5 THE VILLAGE OFFICER NADAMA VILLAGE OFFICE, POST OFFICE ROAD, THRIPPUNITHURA, ERNAKULAM, PIN - 682301 W.P.(C).No.39971 of 2023 2
6 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM, PIN - 695033
OTHER PRESENT: GP - RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.39971 of 2023 3 VIJU ABRAHAM,J ----------------------- W.P.(C).No.39971 of 2023 --------------------------------- Dated this the 30th day of November, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the 2nd respondent to consider and pass orders on Ext.P2, Form 5 application.
2. The petitioner is the absolute owner of land
having a total extent of 38.92 Ares comprised in Old Survey Nos.453/1, 453/3 and 1555 in Re-Sy No.59/2 situated at Kanayannur Taluk, Nadama Village, Ernakulam District.
3. Heard the learned Government Pleader also.
After hearing both sides, the above writ petition is disposed of with a direction to the 2 nd respondent to consider and pass orders on Ext.P2 Form-5 application in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. It is made clear that the application shall be considered after calling for KSRSEC report. Sd/- VIJU ABRAHAM, JUDGE pm W.P.(C).No.39971 of 2023 4 APPENDIX OF WP(C) 39971/2023 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE FORM 5 APPLICATION
DATED 26/11/2022 UNDER FORM 5 UNDER RULE 4(D) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT THROUGH THE 4TH RESPONDENT