IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17752 OF 2022
PETITIONER:
VIJAYAN,
AGED 73 YEARS,
S/O. VADAKKOOTT RAVUNNI,
EZHUTTHACHAN, AGED 73 YEARS,
THRIKKANGODE AMSOM,
MANISSERI DESOM, P.O.MANISSERI,
OTTAPALAM TALUK, PALAKKAD DISTRICT-679 521.
BY ADV K.P.SHEREEF
RESPONDENTS:
1 SUB COLLECTOR,
OTTAPPALAM,
(SUB COLLECTOR & SUB DIVISIONAL MAGISTRATE),
R D O OFFICE, COURT ROAD,
P.O. OTTAPPALAM,
PALAKKAD DISTRICT, KERALA PIN: 679 101.
2 MIDHUN V. VIJAYAN,
AGED 40 YEARS,
S/O.VIJAYAN, THRIKKANGODE AMSOM,
MANISSERI DESOM, P.O.MANISSERI,
OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN-679 521.
3 NEPOLIYAN PAKKIRISWAMY,
AGED 53 YEARS,
S/O. PAKKIRISWAMY,
E-12/301, PATLIPUTRA LOKNAGARI
CO-OP. HOUSING SOCIETY, MIDC ROAD,
AMBERNATH (EAST), THANE (DIST),
MAHARASHTRA, PIN-421506.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.17752/2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who is owner of 20.65 Ares of property in Vaniyamkulam Village in Ottappalam Taluk, has approached this Court seeking to direct the 1 st respondent to consider Ext.P5 Petition No.9/2022 expeditiously and within a time frame to be fixed by this Court.
2. The petitioner states that he holds 20.65 Ares of land in Survey No.129/10 of Vaniyamkulam Village in Ottappalam Taluk. According to the petitioner, the land was converted as a Garden Land prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The land was however mistakenly included in the Data Bank.
WP(C)No.17752/2022 3
3. The petitioner submitted application and got the land removed from the Data Bank. The possession Certificate issued by the Village Officer would show that the land is a dry land. However, the description of the land remains to be Paddy Land, in the Basic Tax Register. The petitioner, therefore, filed Ext.P5 application in Form 7. The application was filed on 19.01.2022. The petitioner seeks expeditious disposal of Ext.P5 application.
4. The Government Pleader entered appearance and resisted the writ petition. The learned Government Pleader, however, submitted that Ext.P5 being a statutory application, if the same is received by the 1 st respondent, it can be considered in accordance with law.
5. In view of the nature of the relief to be granted in the writ petition, notice to respondents 2 and 3, who are co- owners of the property in question, is dispensed with. WP(C)No.17752/2022 4
6. After hearing the learned counsel for the petitioner and the learned Government Pleader, this Court is of the view that the writ petition can be disposed of directing the 1st respondent to consider Ext.P5 application, the same being one filed invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.
The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P5 application, if the same is received, complete in all respects and supported by all necessary documents, within a period of three months.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.17752/2022 5 APPENDIX OF WP(C) 17752/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE JENM ASSIGNMENT DEED NO. 4540/2012 OF SRO OTTAPPALAM DT. 05-10-2020.
Exhibit P2 TRUE COPY OF THE ORDER NO. 751/2020 DATED 27-11-2020.
Exhibit P3 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE
VANIYAMKULAM 2 VILLAGE OFFICER ON 9-2-2022.
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY VANIYAMKULAM VILLAGE
OFFICER ON 11-5-2022.
Exhibit P5 TRUE COPY OF THE FORM 6 PETITION
FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 19-01-2022.
Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, VANIYAMKULAM-II DATED 09-02-2022.
SR