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. 17644 OF 2022
PETITIONER:
NIKHIL C.R,
AGED 33 YEARS,
S/O RAJEEV,
CHOONDAPURAKAL HOUSE,
KANIPAYYUR P O,
THRISSUR,
PIN - 680517.
BY ADVS.
SANTHEEP ANKARATH
ANJALI MENON
RESPONDENT:
REVENUE DIVISIONAL OFFICER,
THRISSUR,
REVENUE DIVISIONAL OFFICE,
AYYANTHOLE, THRISSUR, PIN - 680003.
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. 17644 OF 2022 2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who is the owner of 16.97 Ares of property in Kunnamkulam Taluk of Kanipayyur Village in Thrissur District, has approached this Court seeking to command the respondent to consider and pass orders on Ext.P4 statutory Form 5 application submitted by the petitioner expeditiously within a time limit to be fixed by this Court.
2. The petitioner states that he owns 16.97 Ares of property comprising in Survey No.195/6 of Kunnamkulam Taluk of Kanipayyur Village in Thrissur District. Ext.P1 is the Basic Tax Receipt. The land is described as paddy land in the Revenue records. Therefore, the petitioner submitted Ext.P2 application in Form 6 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, seeking to change the nature of the land in Basic Tax Register.
3. In the meanwhile, the respondent published Ext.P3 Data Bank, wherein the land was included and described as paddy land. WP(C) NO. 17644 OF 2022 3 Thereupon, the petitioner submitted Ext.P4 application for deleting the petitioner's land from the Data Bank. The said application, which was filed on 28.12.2021, has not been disposed of by the respondent. The petitioner is, therefore, before this Court.
4. The learned Government Pleader entered appearance and resisted the petition. The learned Government Pleader submitted that Ext.P2 application can be considered only after the petitioner getting the land deleted from the Data Bank. If the petitioner has submitted Ext.P4 along with all supporting documents, the respondent can consider the same in accordance with law.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
6. The petitioner has submitted Ext.P4 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was submitted as early as on 28.12.2021. As Ext.P4 is a statutory application, the respondent is legally bound to consider the same and pass orders thereon in accordance with law within a reasonable time. WP(C) NO. 17644 OF 2022 4
The writ petition is, therefore, disposed of directing the respondent to consider Ext.P4, if the same is received supported by all requisite documents, within a period of three months. If the land is removed from Data Bank pursuant to Ext.P4 application, then the respondent shall consider Ext.P2 application and pass appropriate orders thereon, within a further period of three months, if Ext.P2 is received along with all necessary supporting documents and is pending.
Sd/-
N. NAGARESH, JUDGE DSV/02.06.2022 WP(C) NO. 17644 OF 2022 5 APPENDIX OF WP(C) 17644/2022 PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO.
KL08071503300/2021 DATED 4.10.2021 ISSUED BY VILLAGE OFFICER, KANIPPAYYUR VILLAGE CONCERNING PROPERTY OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF APPLICATION DATED 19.4.2021 IN FORM NO. 6 SUBMITTED BY THE PETITIONER. EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF THE DATA BANK PUBLISHED IN KERALA GAZETTE NO. 2983 AS PER NOTIFICATION NO.E2/727/21 DATED 3.9.2021 OF KUNNAMKULAM MUNICIPALITY.
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 28.12.2021 IN FORM NO. 5 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF REPORT OF THE AGRICULTURAL OFFICER DATED 21.3.2022 ALONG WITH ITS TYPED COPY.
RESPONDENT'S EXHIBITS: NIL