IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 18660 OF 2022
PETITIONER:
FOUSIYA,
AGED 44 YEARS
W/O. ASHRAF, THAZHE KUNNUMMAL,
PANAYI, BALUSSERI, KOKALLUR,
KOZHIKODE DISTRICT, PIN- 673 612
BY ADV NOBLE MATHEW
RESPONDENTS:
1 DISTRICT COLLECTOR,
KOZHIKODE, CIVIL STATION, ERANHIPPALAM,
KOZHIKODE, PIN- 673 020.
2 THE LOCAL LEVEL MONITORING COMMITTEE,
(UNDER KERALA CONSERVATION OF PADDY LAND &
WETLAND ACT, 2008), BALUSSERI VILLAGE,
REPRESENTED BY ITS CONVENOR,
THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, BALUSSERI P.O.,
KOZHIKODE DISTRICT, PIN 673 612.
3 THE VILLAGE OFFICER,
BALUSSERI, BALUSSERI P.O.,
KOZHIKODE DISTRICT, PIN - 673 612.
4 THE TAHSILDAR,
KOYILANDY TALUK, KOYILADY P.O.,
KOZHIKODE DISTRICT, PIN - 673 305.
BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18660/2022
:2:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.18660 of 2022
`````````````````````````````````````````````````````````````
Dated this the 7th day of July, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who owns 20 Cents of land in Balussery Village in Koyilandy Taluk, Kozhikode District, is before this Court seeking to command respondents 1 and 4 to correct the petitioner's property's description as 'purayidam' in the Village registers. The petitioner also seeks to direct the 2nd respondent to issue a certificate to the petitioner stating that her piece of land is not included in the Data Bank.
2. The petitioner states that she holds 20 Cents of land in Re-survey Nos.28/26 and 28/27 of Balussery Village in Koyilandy Taluk, Kozhikode District. According to the petitioner, the land is 'purayidam' and it is mistakenly W.P.(C) No.18660/2022 :3: described as wetland in the Village register. In the Thandapper account, the petitioner's land is described as 'Nanja land'. The petitioner's land is surrounded by coconut plantations of more than 30 years age. In the nearby land, there are a number of houses constructed long ago. The petitioner's land is not at all a paddy land or wetland. It is a garden land.
3. The counsel for the petitioner argued that the inaction of respondents 2 to 4 in considering Ext.P6 representation submitted by the petitioner and taking appropriate action thereon, is illegal and arbitrary. The petitioner is not at all responsible for her land being described as wetland in Revenue records. In spite of the fact that nearby properties were described as 'purayidam', the respondents have not cared to correct the Land Records in respect of the petitioner's land.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
W.P.(C) No.18660/2022 :4:
5. The petitioner contends that her land is garden land. Nearby lands are residential properties. There are coconut trees standing in the property, which were planted more than 30 years ago. The petitioner seeks to correct the Revenue records. It appears that the petitioner's land is included in the Land Data Bank of paddy land / wetland.
6. From the pleadings, it emerges that the petitioner has filed Ext.P8 application in Form-5 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 invoking Rule 4(d) of the Rules, 2008 seeking to remove the petitioner's land from the Data Bank. The petitioner has also filed Ext.P7 application in Form-6 invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, seeking to change the nature of the land in Revenue records.
7. Exts.P6 and P7 are applications made by the petitioner invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. As those applications being of statutory nature, the Competent W.P.(C) No.18660/2022 :5: Authority is bound to consider the applications in accordance with law within a reasonable time.
In the facts and circumstances of the case, the writ petition is disposed of directing the 1 st respondent to ensure that the competent Revenue Divisional Officer under him considers Exts.P7 and P8 applications submitted by the petitioner and passes appropriate orders thereon, as expeditiously as possible and at any rate, within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/13.07.2022 W.P.(C) No.18660/2022 :6: APPENDIX OF WP(C) 18660/2022 PETITIONER'S EXHIBITS Exhibit P1 PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, BALUSSERI DATED 25.06.2021.
Exhibit P2 PHOTOSTAT COPY OF THE TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER,
BALUSSERI DATED 21.06.2021
Exhibit P3 TRUE PHOTO OF THE PETITIONER'S SMALL
PIECE OF LAND.
Exhibit P4 PHOTOSTAT COPY OF THE THANDAPPER
ACCOUNT SHOWING THE PETITIONER'S TYPE OF PROPERTY AS `NANJHA' Exhibit P5 PHOTOSTAT COPY OF THE LAND IDENTIFICATION DETAILS GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.06.2021.
Exhibit P6 PHOTOSTAT COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.05.2022.
Exhibit P7 TRUE COPY OF THE APPLICATION FILED BEFORE THE RESPONDENT DATED 15/06/2022 Exhibit P8 PHOTOSTAT COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 25.6.2022