Petitioner sought removal of his converted land from the data bank under the Kerala Conservation of Paddy Land and Wet Land Act via Form 5 applications. The court directed the designated officer to decide those applications within one month and disposed of the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
WP(C) NO. 26050 OF 2024
PETITIONER/S:
JENSON
AGED 56 YEARS
S/O. LATE JACOB, PYNADATHHOUSE, NAYATHODE P.O.,
ANGAMALLY-, ERNAKULAM DIST., PIN - 683572
BY ADV MEREENA.J.JOSEPH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM., PIN - 6950012 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM., PIN - 6950013 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 6820304 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT KOCHI., PIN - 6820015 THE AGRICULTURAL OFFICER, KRISHIBHAVAN,ANGAMALLY,ERNAKULAM DISTRICT., PIN - 6835726 DEPUTY COLLECTOR, AS AUTHORIZED UNDER THE KERALA CONSERVATION OF PADDY AND WET LAND ACT, 2008. CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 682030smt.amminikutty.k,senior government pleader
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26050 OF 2024
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JUDGMENT
The grievance in the writ petition is that even after obtaining report from the 5th respondent Agricultural Officer, Form 5 application submitted by the petitioner as Ext.P3 under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, has not been considered by the designated officer.
WP(C) NO. 26050 OF 2024
appearing for the petitioner and the learned Senior Government Pleader for the respondents.
The writ petition is disposed of accordingly.
Sd/-
P.M.MANOJ
JUDGE
uu
20.07.2024
WP(C) NO. 26050 OF 2024
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APPENDIX OF WP(C) 26050/2024
PETITIONER EXHIBITS
Exhibit-P1TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK OF THE PROPERTY COVEREDIN
BLOCK 12, RE-SURVEY NO. 340/12, 340/12-
3, 340/15,340/15-4, 340/12-2, 340/15-
3OF ANGAMALLY VILLAGEDATED 9/5/2018
Exhibit-P2A TRUE COPY OF THE FORM 5 APPLICATION
FILED BY THE PETITIONER IN RESPECT OF
THE PROPERTY COVERED IN SURVEY
NO.340/12, 340/12-3, 340/15,340/15-4OF
ANGAMALLY VILLAGEDATED 11/8/2023
Exhibit-P3A TRUE COPY OF THE FORM 5 APPLICATION
FILED BY THE PETITIONER IN RESPECT OF
THE PROPERTY COVERED IN SURVEY NO.
340/12-2,340/15-3OF
ANGAMALLYVILLAGEDATED 11/8/2023
Exhibit-P4TRUE COPY OF THE REPORT SUBMITTED BY
THE 5TH RESPONDENT IN RESPECT OF THE
PROPERTY COVERED BY SURVEY NO.340/12,
340/12-3, 340/15,340/15-4 OF ANGAMALLY
VILLAGE WHICH FORMS PART OF EXHIBIT P-2
APPLICATION DATED 12/3/2024
Exhibit-P5TRUE COPY OF THE REPORT SUBMITTED BY
THE 5TH RESPONDENT IN RESPECT OF THE
PROPERTY COVERED BY SURVEY NO. 340/12-
2, 340/15-3OF ANGAMALLY VILLAGE WHICH
FORMS PART OF EXHIBIT P-3 APPLICATION
DATED 12/3/2024
1 issue framed by the court
Whether the designated officer must consider the petitioner's Form 5 applications to remove property from the paddy/wet land data bank despite a pending Agricultural Officer's report?
1 provisions across 1 enactments
Jenson
State of Kerala, Revenue Department
Land Revenue Commissioner
District Collector, Ernakulam
Revenue Divisional Officer, Fort Kochi
Agricultural Officer, Krishibhavan, Angamally
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court