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. 17792 OF 2022
PETITIONER
KISHORE JOSEPH
AGED 43 YEARS
S/O. C.D. JOSEPH, CHACKALAKKAL HOUSE, EDAMATTOMKARA,
EDAMATTOM P.O, POOVARANY, KOTTAYAM - 686578.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM - KUMILY ROAD, KOTTAYAM - 686002.
2 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM - 686001.
3 THE TAHSILDAR,
MEENACHIL TALUK OFFICE, MINI CIVIL STATION, GROUND FLOOR,
PALA RAMAPURAM ROAD, PALA, KOTTAYAM - 686577.
4 THE VILLAGE OFFICER,
POOVARANI VILLAGE OFFICE, PAIKA EDAMATTOM ROAD,
EDAMATTOM P.O, KOTTAYAM - 686578.
5 THE AGRICULTURAL OFFICER,
MEENACHIL KRISHI BHAVAN, MEENACHIL, KOTTAYAM - 686575.
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.17792 OF 2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who is holding 24.68 Ares of land in Poovarany Village, Meenachil Taluk in Kottayam District, has filed this writ petition seeking to direct the 2 nd respondent to consider and pass orders on Ext.P3 application within a time to be fixed by this Court.
2. The petitioner states that he is the owner in possession of 24.68 Ares of land comprised in Survey No.134/4-2 in Poovarany Village, Meenachil Taluk in Kottayam District. According to the petitioner, the property is a garden land and is not suitable for paddy cultivation. However, the property is recorded as paddy land in the Revenue records and it has been included in the Data Bank also.
3. The petitioner therefore submitted Ext.P3 application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The 2nd respondent is bound to consider Ext.P3 application within a reasonable WP(C) NO.17792 OF 2022 3 time, contends the petitioner.
4. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader pointed out that in Ext.P3 Form 5 application, the Survey Number of the property is shown as 134/4-2, whereas in Ext.P2 extract of Data Bank, the Survey Number is shown as 134/4-1-A. The learned counsel for the petitioner submitted that the Survey Number shown in Ext.P2 extract of Data Bank is the old Survey Number, which has been changed after re-survey.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner is owner of 24.68 Ares of land in Survey No.134/4-2 in Poovarany Village. Ext.P1 is the tax receipt in respect of the land. The petitioner has invoked Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 and submitted Ext.P3 application. Ext.P3 application seeking removal of the petitioner's land from Data WP(C) NO.17792 OF 2022 4 Bank, is a statutory application. Therefore, the 2nd respondent is legally bound to consider the same and pass orders thereon, within a reasonable time.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 Form 5 application submitted by the petitioner, if it is complete in all respects and is supported by all requisite documents and pass appropriate orders thereon, within a period of three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.17792 OF 2022 5 APPENDIX OF WP(C) 17792/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.04.2021.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 08.04.2022.
Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 12.04.2022.