IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18486 OF 2022
PETITIONER
JANCY FRANCIS
AGED 59 YEARS
W/O. FRANCIS, NEELANKAVIL HOUSE, CHITTILAPPILLY P.O.,
CHITTILAPPILLY, THRISSUR-680551.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
THRISSUR - 680003.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION,
AYYANTHOLE, THRISSUR - 680003.
3 THE TAHSILDAR,
THRISSUR TALUK OFFICE, TOWN HALL, W PALACE ROAD,
CHEMBUKKAV, THRISSUR - 680020.
4 THE VILLAGE OFFICER,
CHITTILAPPILLY VILLAGE OFFICE, ANTHILAMKAVU TEMPLE
ROAD, CHITTILAPPILLY POST OFFICE, THRISSUR - 680551.
5 THE AGRICULTURAL OFFICER,
ADAT KRISHI BHAVAN, NAGAR BUS STAND, THRISSUR-680553.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.18486 OF 2022
2
JUDGMENT
Dated this the 8th day of June, 2022 The petitioner, who is owner of 22 Ares of land in Chittilappilly Village in Thrissur Taluk of Thrissur District, has filed this writ petition seeking to direct the 2 nd respondent to dispose of Ext.P3 Form 5 application under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, within a time frame fixed by this Court.
2. The petitioner states that she is the owner of 22 Ares of land comprised in Survey Nos.276/2 and 276/3 of Chittilappilly Village, Thrissur Taluk of Thrissur District. The properties are mentioned as 'Nilam' in Revenue records and are included in the Data Bank. The property is not paddy land or wetland. The petitioner wanted to use the property for other purposes.
3. The petitioner, therefore, submitted Ext.P3 Form 5 application before the 2nd respondent seeking removal of the WP(C) NO.18486 OF 2022 3 entry of the properties from the Data Bank. Ext.P3 has not been disposed of so far. Therefore, the petitioner is before this Court.
4. The learned Government Pleader entered appearance and contested the writ petition. The Government Pleader controverted all material allegations made by the petitioner in the writ petition. The Government Pleader, however, submitted that since the petitioner has submitted application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder, the application can be considered by the Competent Authority, if the same is complete and supported by all requisite documents.
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner holds 22 Ares of land as evidenced by Ext.P1. The petitioner has submitted Ext.P3 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application is seen submitted WP(C) NO.18486 OF 2022 4 on 07.04.2022. Ext.P3 being an application submitted invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the 2nd respondent is bound to consider the same in accordance with law and pass appropriate orders thereon within a reasonable time.
In the circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 application, if it is received along with all supporting documents and paying the prescribed fee, if any, and to pass appropriate orders thereon in accordance with law, within a period of three months.
sd/-
N. NAGARESH JUDGE hmh WP(C) NO.18486 OF 2022 5 APPENDIX OF WP(C) 18486/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 22.05.2020.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF ADAT GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 07.04.2022. Exhibit P4 TRUE COPY OF THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 08.04.2022.