2023 Supreme(Online)(Ker) 56388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOSHY VAREED – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER – Respondent
WP(C) 13286/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 WP(C) NO. 13286 OF 2023 PETITIONER:
JOSHY VAREED AGED 50 YEARS S/O VAREED, NEREPARAMBIL HOUSE, CHIYYARAM, CHIYYARAM P.O.
THRISSUR DISTRICT, PIN-680006, PIN - 680006 BY ADV ASOK KUMAR K.P.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, KERALA-
680003., PIN - 680003
2 THE VILLAGE OFFICER, PUTHUR VILLAGE OFFICE, PUTHUR ,THRISSUR DISTRICT, PIN-
680014., PIN - 680014
3 LOCAL LEVEL MONITORING COMMITTEE, PUTHUR GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENER &
AGRICULTURAL OFFICER PUTHUR KRISHI BHAVAN, PUTHUR- PIN-
680014., PIN - 680014
4 AGRICULTURE OFFICER, KRISHI BHAVAN, PUTHUR, THRISSUR DISTRICT,PIN-680014, PIN - 680014
5 THE SECRETARY, PUTHUR GRAMA PANCHAYAT, PUTHUR, PUTHUR P.O., THRISSUR DISTRICT, PIN-680014, PIN - 680014 BY ADV SANTHOSH P.PODUVAL SMT.PARVATHY.K-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 12th day of April, 2023 The petitioner is the owner in possession of 77.35 Ares of land in Survey Nos.786/1, 786/2 and 786/3 of Puthur Village in Thrissur Taluk of Thrissur District. The petitioner confines his relief for an expeditious consideration of Ext.P5 application in Form No.5 under the provisions 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 RDO/1st respondent to consider Ext.P5 application (Form No.5), 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. The petitioner shall produce the copy of this judgment along with the copy of the writ petition before the
1st respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ska APPENDIX OF WP(C) 13286/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SALE DEEDS NO.359/2019 SALE DEEDS NO.359/2019 SALE DEEDS NO.359/2019 DATED
20.02.2019 OF SRO KUTTANELLUR, THRISSUR DISTRICT.
Exhibit P-2 TRUE COPY OF THE SALE DEED NO. 362/2019 DATED
20.02.2019 OF SRO KUTTANELLUR, THRISSUR DISTRICT.
Exhibit P-3 A TRUE COPY OF THE LAND TAX RECEIPT DATED
28.06.2022 ISSUED BY THE VILLAGE OFFICER, PUTHUR Exhibit P-4 A TRUE COPY OF THE DATA BANK GOT NOTIFIED IN GAZETTE AS NO. NO. A3-2938/21 DATED 19.02.2021 Exhibit P-5 A TRUE COPY OF THE FORM 5 APPLICATION DATED
10.01.2022 Exhibit P-6 A TRUE COPY OF THE PHOTOGRAPHS Exhibit P-7 A TRUE COPY OF THE DECISION OF THE LLMC CONVENED ON 18.04.2022 Exhibit P-8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN JOY K.K. VS. REVENUE DIVISIONAL OFFICER [2021 (1) KHC 540].
Exhibit9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN JAFFARKHAN V. KUNJUMARAKKAR [2012 (1)
KHC 523].