Court directs consideration of Form 5 application to remove land from paddy Data Bank per Kerala Paddy Land Act rules.

JUDGMENT

The above writ petition is filed with following prayers :

i. “To issue a Writ of certiorari or any other appropriate writ or, order, or direction, quashing Exhibit P2 to the extent to which the land of the petitioner is included as paddy land in the Data Bank prepared by the 4th respondent;

ii. To declare the land in question does not fall under the purview of a paddy land or wet land defined in the Act and therefore liable to be removed from the Data Bank;

iii. To issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the 4th respondent to consider and pass appropriate orders in Exhibit P3, the Form 5 application to removing the entries regarding the petitioner’s property from the Data Bank, after strictly following the procedures prescribed in law and take steps to publish an erratum notification in Kerala Gazette for the same, within a time frame of two months or such period as this Hon’ble Court may fix;

iv. Pass any other orders or directions that this Hon’ble Court may deem fit and proper in the interest of Justice;

v. Dispense with the translation of the documents produced in the vernacular language; And vi. Award cost. “ [sic]

2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to consider Ext.P3 application submitted in Form 5 under Kerala Conservation of Paddy Land and Wetland Rules, 2008.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think that prayer can be allowed.

Therefore, this writ petition is disposed of with the following directions:

1. The 6^th respondent is directed to submit the necessary report based on the Ext. P3 application to the 4^th respondent/Authorised Officer, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

1. The 4^th respondent/Authorised Officer is directed to consider Ext. P3 application (if it is pending and if it is in order) based on the report received from the 6^th respondent, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the report.

2. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 4^nd and 6^th respondents for compliance.