Saju E.P., vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 17, 2022

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Citation: sooperkanoon.com/1445394
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Mar 17, 2022
Case Number: WP(C)/2462/2022

Parties & Advocates

Appellant / Petitioner

Saju E.P.,

Respondent

State of Kerala,

Excerpt

.....conservation of paddy land and wetland act, 2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. according to the petitioner, the property is a dry land/purayidom and has been erroneously included in the data bank.having heard the learned government pleader also andwithout expressing any view on the merits of the matter, this writ petition is disposed of directing the 2 nd respondent to initially consider ext.p5 application (form no.5), after obtaining and verifying the relevant materials and reports from the agricultural officer. if orders are passed excluding the property from the data bank, then, ext.p6 application (form no.6) shall also be taken up for consideration and appropriate orders shall be passed. the rdo-: 3 :- shall consider all relevant matters and shall obtain reports from the concerned village officer as well. the entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment, after taking note of ext.p4 ksrsec report as well.sd/- anu sivaraman judge jvt/22.3.2022 -: 4 :- appendix of wp(c) 2462/2022 petitioner exhibits exhibit p1 a true copy of the tax receipt dated 23/07/2021. exhibit p2 a true copy of the relevant page of the data bank dated nil. exhibit p3 a true copy of the receipt dated 10/10/2017. exhibit p4 a true copy of the report dated 23/02/2021 received from ksrsec, exhibit p5 a true copy of the applications in form 5 dated exhibit p6 a true copy of the application in form 6 along with the receipt dated 16/08/2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943 PETITIONER :- SAJU E.P., AGED 55 YEARS S/O. PAILY, ELAMKULAM HOUSE, KANDANADU P.O., ERNAKULAM-682 305. BY ADV K.C.VINCENT RESPONDENTS :-
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM-682 001. 3 THE VILLAGE OFFICER, VILLAGE OFFICE, AMBALLOOR, ERNAKULAM-682 315. 4 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY THE AGRICULTURAL OFFICER, 5 THE AGRICULTURAL OFFICER, BY SMT.VINITHA B, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-

JUDGMENT

Dated this the 17th day of March, 2022 The petitioner is the owner in possession of an extent of 18.40 Ares of property in Re-survey No.469/5 of Amballoor Village in Kanayannur Taluk of Ernakulam District along with other items of

properties. The petitioner confines his relief for an expeditious consideration of Exts.P5 and P6 applications in Form Nos.5 and 6 under the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. According to the petitioner, the property is a dry land/purayidom and has been erroneously included in the data bank.

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 2 nd respondent to initially consider Ext.P5 application (Form No.5), after obtaining and verifying the relevant materials and reports from the Agricultural Officer. If orders are passed excluding the property from the data bank, then, Ext.P6 application (Form No.6) shall also be taken up for consideration and appropriate orders shall be passed. The RDO

-: 3 :- shall consider all relevant matters and shall obtain reports from the concerned Village Officer as well. The entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment, after taking note of Ext.P4 KSRSEC report as well.

Sd/- ANU SIVARAMAN JUDGE Jvt/22.3.2022 -: 4 :- APPENDIX OF WP(C) 2462/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 23/07/2021. Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK DATED NIL. Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 10/10/2017. Exhibit P4 A TRUE COPY OF THE REPORT DATED 23/02/2021 RECEIVED FROM KSRSEC, Exhibit P5 A TRUE COPY OF THE APPLICATIONS IN FORM 5 DATED Exhibit P6 A TRUE COPY OF THE APPLICATION IN FORM 6 ALONG WITH THE RECEIPT DATED 16/08/2021.

Same Court & Year Kerala · 2022 Same Parties Saju E.P., vs State of Kerala, Same Judge Honourable Mrs. Justice Anu Sivaraman