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. 2699 OF 2022
PETITIONER:
JOSE,
AGED 71 YEARS,
S/O. KURIYAKKU,
EDAKULATHUR HOUSE,
POONKUNNAM, THRISSUR-680 002.
BY ADVS.
N.KRISHNA RAJA MAULI
BINIYAMIN K.S.
RENI JAMES
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION,
AYYANTHOLE, THRISSUR-680 003.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
AYYANTHOLE, THRISSUR-680 003.
3 THE TAHSILDAR,
TOWN HALL, W PALACE ROAD,
CHEMBUKKAVU, THRISSUR-680 020.
4 THE VILLAGE OFFICER,
AVANNUR VILLAGE OFFICE,
KOTTEKKAD-MUNDUR ROAD,
AVANNUR, THRISSUR-680 541.
5 THE AGRICULTURAL OFFICER,
AVANNUR KRISHI BHAVAN,
AVANNUR, THRISSUR 680 541.
SMT.SURYA BINOY B., SR.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.2699/2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who is in possession of 28.52 Ares of land in Avannur Village of Thrissur Taluk, has approached this Court seeking to direct the 2 nd respondent to consider and pass orders on Exts.P3 and P4 applications within a time frame.
2. The petitioner states that he owns 28.52 Ares of land, out of which 18.26 Ares of land is comprised in Survey No.74/1, 5.95 Ares of land in Survey No.74/3, 1.47 Ares of land comprised in Survey No.74/4 and 2.84 Ares of land comprised in Survey No.74/5 in Avannur Village.
3. The petitioner states that the land of the petitioner is a garden land. However, the land has been WP(C)No.2699/2022 3 erroneously included in the Land Data Bank. The petitioner, therefore, submitted Exts.P3 and P4 applications for removing the petitioner's land from the Data Bank. The applications were filed in the month of July, 2021. The 2 nd respondent has not taken a decision on Exts. P3 and P4 so far. It is aggrieved by the delay in processing the applications that the petitioner is before this Court.
4. The learned Government Pleader entered appearance and resisted the writ petition. The learned Government Pleader pointed out that the extent of land in possession of the petitioner as reflected in Ext.P1 under Survey numbers differs from the extent of land sought to be removed through Exts.P3 and P4 applications. The Government Pleader would further submit that the petitioner is in possession of other land and Exts.P3 and P4 applications are made with an ulterior motive of fragmenting the land and convert the same. This Court is of the view WP(C)No.2699/2022 4 that these are all matters which the 2 nd respondent has to look into while considering the application.
In the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to consider Exts.P3 and P4 applications submitted by the petitioner invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, if the applications are complete in all aspect and supported by the requisite documents. A decision on Exts.P3 and P4 shall be passed within a period of three months. It is made clear that this Court has not pronounced anything on the merit of the claim of the petitioner.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.2699/2022 5 APPENDIX OF WP(C) 2699/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.04.2021.
Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK
WITH REGARD TO AVANNUR GRAMA
PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER
FORM 5 BEFORE THE 2ND RESPONDENT
DATED 12.07.2021.
Exhibit P4 TRUE COPY OF THE APPLICATION UNDER
FORM 5 BEFORE THE 2ND RESPONDENT
DATED 12.07.2021.
SR