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. 18467 OF 2022
PETITIONER:
MURALEEDHAR K NAIR
AGED 52 YEARS
S/O KUMARAN NAIR, 'ADITHYA NIVAS', VARIYATH
VALAPPIL, EAZHAVATHIRUTHI, EASWARAMANGALAM
P.O.PONNANI TALUK, MALAPPURAM, PIN-679 573.
BY ADV K.P.SHEREEF
RESPONDENT:
REVENUE DIVISIONAL OFFICER
TIRUR, P.O.TIRUR, MALAPPURAM-676 101.
OTHER PRESENT:
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18467 of 2022 :2:
JUDGMENT
Dated this the 8th day of June, 2022 The petitioner, who is in possession of 40.51 Ares of land of Ezhavathiruthi Village in Ponnani Taluk, has approached this Court seeking to direct the respondent to dispose of Ext.P5 Petition No.4/2022/104482 filed by the petitioner and pending before the respondent expeditiously, within a time frame.
2. The petitioner states that he owns 40.51 Ares of land situated in Survey No.29/8-1 and 29/9-2 of Ezhavathiruthi Village in Ponnani Taluk. According to the petitioner, the land is a garden land and a new U.P School, Easwaramangalam is functioning in the property. The petitioner would assert that the land was converted much prior to promulgation of the Kerala Land Utilisation Order on 04.07.1967. The school building was constructed in the year 1985 and the building was numbered by the Ponnani Municipality.
W.P.(C) No.18467 of 2022 :3:
3. The petitioner states that the land is still described as wetland in Basic Tax Register of Ezhavathiruthi Village. As the petitioner wanted to change the nature of the land as recorded in Revenue records, the petitioner preferred Ext.P5 application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner seeks expeditious disposal of Ext.P5 within a time frame.
4. The Government Pleader entered appearance on behalf of the respondent. The Government Pleader controverted all material allegations made by the petitioner in the writ petition. The Government Pleader pointed out that the land of the petitioner is included in Data Bank as per paragraph 5 of the writ petition and therefore, the application for removal of the land from Data Bank may be required.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
6. Whether the land of the petitioner is included in Data Bank and whether a separate application for removal of the W.P.(C) No.18467 of 2022 :4: land from Data Bank is necessary for consideration of Ext.P5, is a matter to be decided by the respondent. The petitioner has submitted Form-9 application invoking his remedy under Rule 12(13) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P5 being a statutory application, the respondent is bound to consider the same, in accordance with law, if the application is accompanied by all requisite supporting documents and is otherwise, in accordance with law.
In the facts and circumstances of the case, the writ petition is disposed of directing the respondent to consider Ext.P5 Form-9 application if the same is received supported by all requisite documents and paying prescribed fee, if any, and to pass appropriate orders thereon in accordance with law, within a period of three months.
Sd/-
N. NAGARESH, JUDGE smm/10.06.2022 W.P.(C) No.18467 of 2022 :5: APPENDIX OF WP(C) 18467/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO 2410/2016 OF SRO PONNANI DATED 12.5.2016 Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY HEADMISTRESS OF THE NEW U.P SCHOOL ESWARAMANGALAM ON 23.3.2022 Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER FROM EZHAVATHIRUTHI VILLAGE OFFICE ON 19.1.2022 Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM EZHAVATHIRUTHI VILLAGE OFFICE TO THE PETITIONER ON 28.1.2022 Exhibit P5 TRUE COPY OF THE FORM 9 PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 16.3.2022