IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 14397 OF 2022
PETITIONER:
MUHAMMED RINSHAL C.K.,
AGED 20 YEARS,
S/O C.K.NAVAS,
CHUNUDUKUNNUMEL HOUSE,
PERUMBILLY, KERALA-673586.
BY ADV SRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE DISTRICT,
KERALA-673020.
2 THE RDO,
CIVIL STATION, ERANHIPPALAM,
KOZHIKODE DISTRICT, KERALA-673020.
3 THE TAHSILDAR,
THAMARASSERY TALUK OFFICE, THAMARASSERY,
KOZHIKODE DISTRICT, KERALA-673615.
4 THE VILLAGE OFFICER,
ENGAPUZHA VILLAGE OFFICE, KEDAVUR,
KOZHIKODE DISTRICT, KERALA-673615.
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN PUDUPPADI,
PERUMPALLY.P.O., KERALA-673586.
6 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, KRISHIBHAVAN PUDUPPADI,
PERUMPALLY P.O, KERALA-673586.
SMT.SURYA BINOY B., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.14397/2022
2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioner has approached this Court seeking to direct the 2nd respondent to complete the proceedings pursuant to Ext.P4 application submitted by the petitioner invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008.
2. The petitioner, who is holding 3.44 Ares of property in Survey No.62/16 in Engapuzha Village of Thamarassery Taluk, Kozhikode District, has filed Ext.P4 application in Form 6 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to make necessary changes in the Basic Tax Register. According to the WP(C)No.14397/2022 3 petitioner, his property is a Garden Land and it has been erroneously described as Paddy Land in the Revenue Records. Therefore, the 2nd respondent is bound to consider Ext.P4 application submitted by the petitioner and make necessary changes in the Basic Tax Register.
3. The learned Government Pleader entered appearance and resisted the writ petition. The learned Government Pleader pointed out that the land is already included in Ext.P3 Data Bank and therefore unless the land is deleted from the Data Bank invoking the provisions of the Rules, 2008, a Form 6 application cannot be considered. To the said argument, the learned counsel for the petitioner submitted that the petitioner is ready and willing to file an application under Form 5 for removing the land in question from Ext.P3 Data Bank.
In view of the submissions made as above, the writ petition is disposed of granting liberty to the petitioner to WP(C)No.14397/2022 4 prefer Form 5 application to the 2 nd respondent for removal/deletion of the land from the Land Data Bank. If the petitioner prefers such a Form 5 application, the 2 nd respondent will consider such Form 5 application and take decisions on Form 5 and Form 6 applications submitted by the petitioner, as expeditiously as possible.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.14397/2022 5 APPENDIX OF WP(C) 14397/2022 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE TITLE DEED NO 2616/2021 DATED 05/10/2021.
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT ISSUED FROM THE 4TH RESPONDENT OFFICE DATED 17/11/2021.
Exhibit P2A THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE 4TH RESPONDENT OFFICE DATED 02/12/2021. Exhibit P3 THE TRUE COPY OF THE DATA BANK RELEVANT PAGES ISSUED FROM THE 5TH RESPONDENT OFFICE DATED 23/11/2021. Exhibit P4 THE TRUE COPY OF THE FORM NO.6 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT RDO DATED 16/02/2022. Exhibit P4A THE TRUE COPY OF THE RECEIPT DATED 16/02/2022.