Ramakrishnan.C vs The District Collector
2021 Latest Caselaw 11960 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                        WP(C).No.7445 OF 2021(E)


PETITIONER/S:

                RAMAKRISHNAN.C, AGED 59 YEARS
                S/O. CHOYI, KARIMBICHIKANDY HOUSE,
                CHENOLY P.O. PERAMBRA VIA,
                KOZHIKODE 673 525.

                BY ADV. SRI.V.A.VINOD

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR
                CIVIL STATION, ERANHIPPALAM,
                KOZHIKODE 673 020.

      2         THE REVENUE DIVISIONAL OFFICER,
                PWD REST HOUSE, VADAKARA,
                KOZHIKODE 673 101.

      3         THE TAHASILDAR,
                KOYILANDY TALUK OFFICE,
                MINI CIVIL STATION, KOYILANDI,
                KOZHIKODE 673 305.

      4         THE VILLAGE OFFICER,
                NOCHAND VILLAGE OFFICE,
                NOCHAD KOZHIKODE 673 614.

      5         THE AGRICULTURAL OFFICER,
                KRISHI BHAVAN, NOCHAD,
                KOZHIKODE 673 614.


OTHER PRESENT:

                GP SRI C K PRASAD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7445 OF 2021(E)      ..2..




                           JUDGMENT

Dated this the 13th day of April 2021

The petitioner has filed this writ petition stating

that he is the owner having absolute possession of an

extent of 14.89 ares of land comprised in Re-

Sy.No.84/2D2 in Koyilandy Taluk in Nochad village of

Kozhikode Districted and that the property is

converted land with a building thereon. The property

has been described in the Draft Data Bank as

'converted land'. However, the property has been

described as 'nilam' in BTR. The petitioner has

therefore, filed Ext.P4 application under Section 27A

of the Kerala Conservation of Paddy Land and Wet

Land Act, 2008 before the 2nd respondent. The

petitioner is aggrieved by the delay in considering WP(C).No.7445 OF 2021(E) ..3..

Ext.P4 application. The petitioner also states that the

petitioner has filed Ext.P7 application for correction

of Sy.No.in Ext.P4 application before the 2 nd

respondent. The prayer of the petitioner is for a

direction to the 2nd respondent to consider and pass

orders on Ext.P4 application within a time frame.

2. Heard the counsel for the petitioner and the

learned Government Pleader for the respondents.

3. Since, the application of the petitioner in Form

No.6 under Section 27A of the Act is pending before

the 2nd respondent as evident from Ext.P5 receipt and

Ext.P6 report, there will be a direction to the 2 nd

respondent to consider Ext.P4 application of the

petitioner (as corrected by Ext.P7) within a period of

two months from the date of receipt of production of a

certified copy of the judgment, after hearing the

petitioner. It is made clear that this Court has not WP(C).No.7445 OF 2021(E) ..4..

made any observations on the merits of Ext.P4

application, which the 2nd respondent will consider in

accordance with law.

The writ petition is disposed of as above.

Sd/-

                              MURALI PURUSHOTHAMAN,
                                       JUDGE
    SB
 WP(C).No.7445 OF 2021(E)        ..5..




                           APPENDIX
    PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF ABOVE PROPERTY DATED 20.11.2020.

EXHIBIT P2 TRUE COPY OF THE DATA BANK.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY 5TH RESPONDENT DATED 03.12.2020.

EXHIBIT P4 TRUE COPY OF THE APPLICATION INFORM 6 DATED 23.09.2020.

EXHIBIT P5 TRUE COPY OF THE RECEIPT EVIDENCE PAYMENT OF STATUTORY FEES DATED 23.09.2020.

EXHIBIT P6 TRUE COPY OF THE REPROT FILED BY THE 4TH RESPONDENT DATED 19.11.2020.

EXHIBIT P7 TRUE COPY OF THE PETITION DATED 20/3/2021

//true copy //

P.A To Judge