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Kerala High Court

M T Indira vs Revenue Divisional Officer /Sub ... on 16 July, 2021

Author: Sathish Ninan

Bench: Sathish Ninan

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                             WP(C) NO. 14178 OF 2021
PETITIONER:

              M T INDIRA
              AGED 60 YEARS
              W/O K.T.KESAVAN NAMBEESAN, 'NANDANAM', HOUSE NO.10/370,
              SHORNUR, OTTAPALAM TALUK, PALAKKAD DISTRICT PIN 679121.

              BY ADV R.SREEHARI



RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER /SUB COLLECTOR,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, OTTAPALAM -
              679101.

     2        VILLAGE OFFICER, SHORNUR I VILLAGE, SHORNUR - 679121.

     3        LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE
              PROVISIONS OF THE KERALA PADDY LAND AND WET LAND ACT REP.
              BY ITS CONVENOR AND AGRICULTURAL OFFICER, KRISHI BHAVAN,
              GOVERNMENT REST HOUSE ROAD, SHORNUR 679121, OTTAPALAM
              TALUK, PALAKKAD DISTRICT.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                 W. P. (C) No.14178 of 2021
             ==================
             Dated this the 16th day of July, 2021

                             JUDGMENT

All that the petitioner seeks for is an expeditious consideration of Ext.P5 application submitted by him in Form No.5 of the Kerala Conservation of Paddy land and Wetland Rules, seeking exclusion of the property mentioned therein from the data bank maintained under the Act. According to the petitioner, the property in question is a "Paramba" and has been erroneously included in the data bank. The property contains residential buildings, evidently indicating that the entry in the data bank is a mistake, submits the learned counsel. It is for the first respondent to consider the factual aspects and pass appropriate orders.

2. Without expressing anything on merits, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P5 application (Form No.5) on obtaining and verifying W. P. (C) No.14178 of 2021 -: 2 :- the relevant records, as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge WP(C) NO. 14178 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 PHOTOCOPY OF THE DOCUMENT NO.577/2018 OF SRO SORNUR. EXT.P2 PHOTOCOPY OF BASIC TAX RECEIPT DATED 02.06.21. EXT.P3 PHOTOCOPY OF POSSESSION CERTIFICATE DATED 08.12.2020.

EXT.P4 PHOTOCOPY OF RELEVANT PAGE 25 OF LAND DATA BANK OF SHORNUR MUNICIPALITY.

EXT.P5 PHOTOCOPY OF THE APPLICATION DATED 17.12.20 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P6 PHOTOCOPY OF THE COMMUNICATION DATED 17.12.2020 OF THE 1ST RESPONDENT.

EXT.P7 PHOTOCOPY OF DOCUMENT NO.1081/95 OF SRO SHORNUR. EXT.P8 PHOTOCOPY OF ENCUMBRANCE CERTIFICATE OF PROPERTY IN SY NO.14/3 OF SHORNUR I VILLAGE.

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