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. 15614 OF 2022
PETITIONER:
SEETHATHODU CONSTRUCTIONS & PROPERTIES PVT. LTD
REP. BY ITS DIRECTOR SHAJI K. MATHEW, AGED 45 YEARS,
S/O. K. C. MATHEW, KALLADAYIL HOUSE, KUMARAPERUR
VADAKKEKARA MURIYIL CHITTAR - SEETHATHODE VILLAGE,
RANI TALUK, PATHANAMTHITTA DISTRICT - 689 667.
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, PATTIMATTOM MUVATTUPUZHA ROAD,
ERNAKULAM, PIN - 686673.
3 THE TAHSILDAR
TALUK OFFICE, KUNNATHUNAD,
ERNAKULAM DISTRICT, PIN - 683561.
4 THE VILLAGE OFFICER
PUTHENCRUZ VILLAGE, KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT, PIN - 682301.
5 AGRICULTURE OFFICER
KRISHI BHAVAN, PUTHENCRUZ P. O.,
ERNAKULAM DISTRICT - 682308.
SRI.SYAMANTHAK B S, GP
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. 15614 OF 2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, a Private Limited Company, has approached this Court seeking to direct the 2nd respondent to consider Ext.P1 Form 5 application of the petitioner within a time frame.
2. The petitioner states that the petitioner is owning 68.73 Ares of land in Survey Nos.178/1-2, 183/2-3, 183/3, 183/2-2, 178/4-2 and 178/4 Ares of Puthencruz Village in Kunnathunad Taluk in Ernakulam District. The petitioner purchased the property as per a registered Sale Deed of the year 2008. When the petitioner purchased the property, it was a dry land. The property, however, has been described in the Land Data Bank as paddy land.
3. Aggrieved by the wrong entry of the land in the Data Bank, the petitioner submitted Ext.P1 application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner submits that WP(C) NO. 15614 OF 2022 3 inspite of lapse of considerable time, the 2 nd respondent has not passed any orders on Ext.P1. The 2 nd respondent is compellable to take a decision expeditiously.
4. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader pointed out that in Ext.P2 tax receipt, the extent of property possessed by the petitioner in Survey No.178/1-2 is shown as 18 Ares and 20 Square Meters. However, the particulars shown in Ext.P1 application differ. In other survey numbers also, there are considerable anomalies.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner owns 68.73 Ares of land in Puthencruz Village. Ext.P2 would show that the petitioner has been remitting the land tax in respect of the land. The petitioner has invoked the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 in filing WP(C) NO. 15614 OF 2022 4 Ext.P1. Ext.P1 being a statutory application, the 2 nd respondent is liable to consider and take a decision thereon within a reasonable time.
7. As regards the argument of the Government Pleader that there appears to have some anomalies in the extent of properties as recorded in Ext.P2 tax receipt and in Ext.P1 application, this Court is of the view that it is for the 2 nd respondent to pay attention to such anomalies and take appropriate decision after seeking explanation from the petitioner, if necessary.
In the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to consider Ext.P1 From 5 application, if it is complete in all respects and supported by all requisite documents and pass appropriate orders thereon, within a period of three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO. 15614 OF 2022 5 APPENDIX OF WP(C) 15614/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 27.07.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 04.05.2020 IS PRODUCED BEFORE THE RDO, Exhibit P3 A TRUE COPY OF THE COMMUNICATION TO THE AGRICULTURAL OFFICER DATED 30.07.2021. Exhibit P4 A TRUE COPY OF THE JUDGEMENT IN WP(C) 12791 OF 2022 DATED 06.04.2022.
RESPONDENT'S/S EXHIBITS : NIL