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. 17483 OF 2022
PETITIONER
KUNHALAVI
AGED 65 YEARS
S/O. KUNJAYAMMU, KONTHATHODY HOUSE, PATTISSERY DESOM,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679335
BY ADV BIJU ABRAHAM
RESPONDENTS:
1 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE OFFICE, VANIYAMKULAM,
OTTAPPALAM TALUK, PALAKKAD DISTRICT , PIN - 679101
2 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VANIYAMKULAM,
OTTAPPALAM TALUK, PALAKKAD DISTRICT , PIN - 679522
3 THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679101
SMT.SURYA BINOY 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.17483 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioner seeks to command the respondents to take a decision on Ext.P6 application submitted by the petitioner based on Ext.P2 within a time fixed by this Court.
2. The petitioner states that he holds 37 Ares 87 Square Meters of property in Old Survey Nos. 84/1-1, 84/8-1 and 84/9-1 of Vaniyamkulam Village in Ottappalam Taluk in Palakkad District. The 1st respondent-Village Officer reported that the property is classified as 'Nanja 1' and there are yielding coconut trees in the property. The petitioner is paying tax for the said property.
3. All the properties surrounding the petitioner's property are developed and the adjacent property owners have constructed buildings. The land of the petitioner is lying on the same level of PWD road, contends the petitioner. However, the land has been treated by the respondents as WP(C) NO.17483 OF 2022 3 paddy land and is included in Data Bank. The petitioner, therefore submitted Ext.P6 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wet Land Rules, 2008, for effecting removal of the property from the Data Bank. The application has not been disposed of by the respondents so far. The petitioner therefore seeks appropriate directions.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. The Government Pleader pointed out that in Ext.P6 application, the extent of land shown by the petitioner is '37 Ares 87 Square meters'. However, in the petitioner's Land Tax Receipt, the land in the same Survey number has an extent of '39 Ares 89 Square meters. This is an anomaly.
6. After hearing the learned counsel for the petitioner and the learned Government Pleader, this Court is of the view that the writ petition can be disposed of directing the 3 rd WP(C) NO.17483 OF 2022 4 respondent to consider Ext.P6 application.
The writ petition is therefore disposed of directing the 3 rd respondent to consider Ext.P6 application submitted by the petitioner and pass appropriate orders thereon, within a period of three months, if the application is received and is supported by all requisite documents and is still pending.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.17483 OF 2022 5 APPENDIX OF WP(C) 17483/2022 PETITIONER EXHIBITS ExhibitP1 A TRUE COPY OF THE TITLE DEED IN FAVOUR OF THE PETITIONER DATED 06-01-2010 HAVING DOCUMENT NO. 106/1/2010 OF S.R.O OTTAPPALAM ExhibitP2 A TRUE COPY OF THE REPORT OF THE 1ST RESPONDENT DATED 02-01-2009 ExhibitP3 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 24-03-2022 ISSUED BY THE VANIAMKULAM GRAMA PANCHAYATH ExhibitP4 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REPORT UNDERSIGNED BY THE AGRICULTURAL OFFICER VANIYAMKULAM DATED 05-02-2022 ExhibitP5 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER DATED 13-05-2022 ExhibitP6 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 16-05-2022