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. 17622 OF 2022
PETITIONER:
ANNAMMA GEORGE,
AGED 56 YEARS
W/O.GEORGE, ALAPPATT HOUSE,
ANGADIKKAVU, NEAR RAILWAY CROSS,
PARAKKADAVU P.O., ANGAMALY,
ERNAKULAM-683 572.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, KOTTAYAM,
COLLECTORATE, KOTTAYAM-KUMILY ROAD,
KOTTAYAM-686 002.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM-686 001.
3 THE TAHSIDLAR, CHANGANASSERY TALUK OFFICE,
KACHERY ROAD, OPP. GOVERNMENT MODEL HSS,
CHANGANASSERY, KOTTAYAM-686 101.
4 THE VILLAGE OFFICER,
MADAPPALLY VILLAGE OFFICE,
CHANGANASSERY,M THENGANA,
PERUMPANACHY, KOTTAYAM-686 536.
5 THE AGRICULTURAL OFFICER,
MADAPPALLY KRISHI BHAVAN,
MADAPPALLY, KOTTAYAM-686 546.
BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17622/2022
:2:
N. NAGARESH, J.
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W.P.(C) No.17622 of 2022
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Dated this the 31st day of May, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who is the owner in possession of an extent of 4 Ares and 5 square metres of land comprised in Survey No.242/1 in Block No.10 of Madappally Village, Changanassery Taluk of Kottayam District, has approached this Court seeking to direct the 5 th respondent to submit a report to the 2nd respondent and to direct the 2 nd respondent to consider and pass orders on Ext.P3 application within a time frame.
2. The petitioner states that she is the absolute owner in possession of 4 Ares and 5 square metres of land in Survey No.242/1 in Block No.10 of Madappally Village of Changanassery Taluk in Kottayam District. According to the W.P.(C) No.17622/2022 :3: petitioner, the property is described as 'Nilam' in Revenue records and is included in the Data Bank.
3. The petitioner would contend that the land is not paddy land at all. The land is not suitable for paddy cultivation either. Inclusion of the land in the Data Bank is erroneous. Therefore, the petitioner submitted Ext.P3 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The respondents have not considered her application so far.
4. The learned Government Pleader appeared in the matter, representing the respondents and contested the writ petition. The Government Pleader pointed out that though the petitioner, as per Ext.P3 application, has sought to remove 4 Ares and 5 square metres of land from the Land Data Bank, the extent of property for the said Survey number is 13.75 in Ext.P2 Data Bank. This Court is of the view that this is a matter to be considered by the 2 nd respondent.
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing the W.P.(C) No.17622/2022 :4: respondents.
6. The petitioner, who is possessing land in Madappally Village in Changanassery Taluk of Kottayam District, has filed Ext.P3 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P3 being a statutory application, the competent authority is bound to consider the application and pass appropriate orders thereon within a reasonable time.
In such circumstances, the writ petition is disposed of directing the 2 nd respondent to consider Ext.P3 Form 5 application submitted by the petitioner, if the same is received along with all supporting documents and paying prescribed fee, if any. Orders in this regard shall be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/01.06.2022 W.P.(C) No.17622/2022 :5: APPENDIX OF WP(C) 17622/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.02.2022.
Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK OF MADAPPALLY GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 05.04.2022.
Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 05.04.2022.