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Kerala High Court

Aziya Anzar vs The Revenue Divisional Officer on 1 June, 2021

Author: Sathish Ninan

Bench: Sathish Ninan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 1ST DAY OF JUNE 2021 / 11TH JYAISHTA, 1943
                          WP(C) NO. 11629 OF 2021
PETITIONER:

              AZIYA ANZAR
0




              AGED 21 YEARS
              D/o M.A. ANZAR, SHAMNA GARDENS,
              MANGADUCHERY, KILIKOLLOOR P.O.,
              KOLLAM - 691004.

              BY ADV K.A.SIYAD



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              RDO OFFICE, PUNALUR - 691305.

     2        THE TAHSILDHAR,
              KOTTARAKKARA TALUK,
              TALUK OFFICE, KOTTARAKKARA - 691506.

     3        THE VILLAGE OFFICER, VETTIKKAVALA VILLAGE,
              VETTIKKAVALA VILLAGE OFFICE
              PIN - 691 531.

     4        THE AGRICULTURAL OFFICER,
              KRISHI BHAVAN,
              VETTIKKAVALA, KOLLAM,
              PIN-691531.

     5        THE CONVENOR,
              LOCAL LEVEL MONITORING COMMITTEE,
              VETTIKAVALA GRAMA PANCHAYATH,
              PANCHAYATH OFFICE,
              SABARIMALA BYPASS, KOLLAM - 691531.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
               W. P. (C) No.11629 of 2021
          ==================
           Dated this the 1st day of June, 2021

                      JUDGMENT

The property belonging to the petitioner, having an extent of 7.28 Ares in Sy. No.59/2-3 of Vettikkavala village, finds a place in the data bank maintained under the Kerala Conservation of Paddy land and Wetland Act. According to the petitioner, the property, which is a part of a larger extent, had been lying as a dry land since the past several years and it has been wrongly included in the data bank. Seeking exclusion of the property from the data bank and for change of nature, the petitioner has preferred Exts.P2 and P3 applications in Form Nos.5 and 6 respectively, of the Rules. All that the petitioner seeks for is, an expeditious consideration of the applications.

2. The writ petition is disposed of directing the first respondent to initially consider Ext.P2 application filed in Form No.5 and pass appropriate W. P. (C) No.11629 of 2021 -: 2 :- orders thereon after obtaining and verifying the necessary reports, within a period of three months from the date of receipt of a copy of this judgment. In the event of orders being passed directing the removal of the property from the data bank, the first respondent shall thereupon consider Ext.P3 application (Form No.6) and pass appropriate orders thereon within a further period of two months therefrom.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge W. P. (C) No.11629 of 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED

03.11.2020.

EXT.P2 TRUE PHOTOCOPY OF THE APPLICATION IN FORM NO.5 SUBMITTED BEFORE THE 1ST RESPONDENT DATED 23.03.2021.

EXT.P3 TRUE PHOTOCOPY OF THE APPLICATION IN FORM NO.6 SUBMITTED BEFORE THE 1ST RESPONDENT DATED 23.03.2021.

EXT.P4 TRUE PHOTOCOPY OF THE CHALLAN FOR THE APPLICATION UNDER SECTION 27A DATED 29.03.2021.

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