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. 5771 OF 2022
PETITIONERS:
PERADI JAYAPRAKASH
AGED 68 YEARS
S/O. GOVINDANKUTTY NAIR, REVATHY, PARAMMAL ROAD,
RAMANATTUKARA, KOZHIKODE - 673633.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOZHIKODE COLLECTORATE, WAYAAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE - 673020.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CIVIL STATION JUMA MASJID,
SH 29, ERANHIPPALAM, KOZHIKODE - 673020.
3 THE TAHSILDAR
KOZHIKODE TALUK OFFICE, WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE - 673020.
4 THE VILLAGE OFFICER
RAMANATTUKARA VILLAGE OFFICE, FEROKE COLLEGE ROAD,
RAMANATTUKARA, KOZHIKODE - 673633.
5 THE AGRICULTURAL OFFICER
RAMANATTUKARA KRISHI BHAVAN, FEROKE COLLEGE ROAD,
RAMANATTUKARA, KOZHIKODE - 673633.
SMT.SURYA BINOY B - SR.GP
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.5771 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioner, who is holding 33.27 Ares of land in Ramanattukara Village of Kozhikode Taluk, has filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P3 application within a time frame.
2. The petitioner states that he is the absolute owner of 33.27 Ares of land, out of which 14.16 Ares are comprised in Survey No.341/156, 3.84 Ares of land comprised in Survey No.341/157 and 15.27 Ares of land comprised in Survey No.497/28 in Ramanattukara Village, Kozhikode Taluk of Kozhikode District. The petitioner states that the properties in Survey Nos.341/156 and 341/157 are mentioned as 'Nanja' and the remaining property is described as 'Garden land' in the Revenue records. The petitioner submitted Ext.P3 application seeking to remove 3.84 Ares of land from the Data Bank. Ext.P3 application has not been favourably considered by the 2nd respondent so far. It is in such circumstances that the WP(C) NO.5771 OF 2022 3 petitioner is before this Court.
3. The learned Government Pleader resisted the writ petition. The Government Pleader pointed out that in the Data Bank, an extract of which is produced as Ext.P2, the Survey numbers differ. Furthermore, the petitioner is limiting his prayer to 3.84 Ares. In view of the discrepancy in Survey numbers as seen from Ext.P2, the matter requires verification. The Government Pleader further pointed out that the land is described as 'Wetland' in the Revenue records. Therefore, necessary enquiries will have to be made and reports will have to be obtained before taking a decision on Ext.P3 application.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. The petitioner holds 33.27 Ares of land in Ramanattukara Village of Kozhikode Taluk. The petitioner has invoked his statutory remedy and has filed Ext.P3 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. When such an application is made WP(C) NO.5771 OF 2022 4 invoking the provisions of statutory rules, the 2nd respondent is bound to consider the application within a reasonable time. As pointed out by the learned Government Pleader, if the land is described as 'Wetland' in Revenue records and if the 2 nd respondent requires reports from the competent officers, the 2 nd respondent can always call for the same.
In the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 application submitted by the petitioner, if the application is complete in all respects and supported by all requisite documents and after paying prescribed fee, if any. Orders on Ext.P3 shall be passed, if necessary, after obtaining reports from competent subordinate officers, within a period of three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.5771 OF 2022 5 APPENDIX OF WP(C) 5771/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.09.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 08.12.2021.
Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 09.12.2021.