Sijuraj vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 24, 2022

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Citation: sooperkanoon.com/1444282
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 24, 2022
Case Number: WP(C)/1987/2022

Parties & Advocates

Appellant / Petitioner

Sijuraj

Respondent

State of Kerala

Excerpt

.....district. the petitioner confines his relief for an expeditious consideration of ext.p2 application in form no.5 under the proviso to section 5(4) 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 dry land and has been erroneously included in the data bank.2. having heard the learned government pleader also and withoutexpressing any view on the merits of the matter, this writ petition is disposed of directing the 3rd respondent to consider ext.p2 application (form no.5), after obtaining all necessary inputs including the report of the agricultural officer and after ascertaining the nature and extent of the property 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. this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 1987/2022 petitioner’s exhibits: exhibit p1 true copy of the location map fee receipt dated 03.09.21 issued by the land revenue department, govt.of kerala exhibit p2 true copy of the application dated 16.11.21 submitted by the petitioner before the 3rd respondent exhibit p3 true copy of the receipt dated 17.11.21 issued by the 3rd respondent acknowledging the receipt of extbt p2 application respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 PETITIONER: SIJURAJ AGED 42 YEARS S/O. GANDADHARAN PILLAI, SIJU BHAVANM, ARUKALIKKAL, NEDUMON, ADOOR, PATHANAMTHITTA-691 556 BY ADV C.Y.VINOD KUMAR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE DISTRICT COLLECTOR, COLLECTORATE, CHITTOOR, PATHANAMTHITTA-689 645 3 REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, MG ROAD, ADOOR, 4 TAHSILDAR, ADOOR TALUK, TALUK OFFICE, ADOOR, 5 THE VILLAGE OFFICER, EZHAMKULAM VILLAGE OFFICE, EZHAMKULAM, PATHANAMTHITTA -691 554 SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 24th day of February, 2022 The petitioner is the owner in possession of 6.35 Ares of land in Survey No.343/19 in Block No.19 of Ezhamkulam Village in Adoor Taluk of Pathanamthitta District. The petitioner confines his relief for an expeditious consideration of Ext.P2 application in Form No.5 under the proviso to Section 5(4) 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 dry 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 3rd respondent to consider Ext.P2 application (Form No.5), after obtaining all necessary inputs including the report of the Agricultural Officer and after ascertaining the nature and extent of the property 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. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 1987/2022 PETITIONER’S EXHIBITS: Exhibit P1 TRUE COPY OF THE LOCATION MAP FEE RECEIPT DATED 03.09.21 ISSUED BY THE LAND REVENUE DEPARTMENT, GOVT.OF KERALA Exhibit P2 TRUE COPY OF THE APPLICATION DATED 16.11.21 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE RECEIPT DATED 17.11.21 ISSUED BY THE 3RD RESPONDENT ACKNOWLEDGING THE RECEIPT OF EXTBT P2 APPLICATION RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties Sijuraj vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman