Romeena Joseph v. State of Kerala
Case brief
What is this about?
Writ petition against inclusion of land in Data Bank dismissed with liberty to file Form-5. Court directed authorities to accept Form-5 application and decide within two months before proceeding with Form-6.
What did the court decide?
Petitioner permitted to file Form-5 application before 2nd respondent; 2nd respondent directed to decide within two months; liberty granted to proceed with Form-6 thereafter.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944
WP(C) NO. 32889 OF 2022
PETITIONER:
ROMEENA JOSEPH, AGED 45 YEARS
WIFE OF JOSEPH J VAYALAT,
VAYALAT HOUSE, VTJ ENCLAVE, MARADU,
ERNAKULAM DISTRICT, PIN – 682020
BY ADV PEEYUS A.KOTTAM
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
MAHATHMA GANDHI ROAD, NEAR CENTRAL STADIUM,
STATUE JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER FORT KOCHI, KB JACOB ROAD, FORT KOCHI, KOCHI, PIN - 682001
3 LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENOR/ PRINCIPAL AGRICULTURAL OFFICER, MARADU, PIN – 682304
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to file a Form-5 application under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 to resolve the inclusion of her land in the Data Bank.
Whether the Revenue Divisional Officer is directed to consider the Form-5 application and pass appropriate orders within a specified period.
Parties & counsel
- petitioner
ROMEENA JOSEPH
- respondent
STATE OF KERALA
- respondent
REVENUE DIVISIONAL OFFICER FORT KOCHI
- respondent
LOCAL LEVEL MONITORING COMMITTEE
Coram
Case details
As recorded by the court registry
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