Fathima vs The District Collector
2021 Latest Caselaw 16130 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                             WP(C) NO. 15441 OF 2021
PETITIONER:

              FATHIMA,
              AGED 80 YEARS
              W/O. IBRAHIM, PUTHANPURAKKAL, VADAKKODU KARA,
              ERNAKULAM 682 021.

              BY ADV N.KRISHNA RAJA MAULI



RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              CIVIL STATION, KAKKANAD, ERNAKULAM 682 021.

     2        THE REVENUE DIVISIONAL OFFICER,
              K B JACOB ROAD, FORT KOCHI, ERNAKULAM 682 001.

     3        THE TAHSILDAR,
              KANAYANNUR TALUK OFFICE, KANAYANNUR , PARK AVE, NEAR
              SUBHASH PARK, MARINE DRIVE, KOCHI, KERALA 682 011.

     4        THE VILLAGE OFFICER,
              THRIKKAKKARA NORTH VILLAGE OFFICE, KOONAMTHAI, PADIVATTOM,
              ERNAKULAM, KERALA 682 024.

     5        THE AGRICULTURAL OFFICER,
              KALAMASSERY KRISHI BHAVAN, KALAMASSERY ERNAKULAM 683 104.

              BY GOVT. PLEADER SRI.P.S.APPU


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            ==================
                 W. P. (C) No.15441 of 2021
            ==================
            Dated this the 3rd day of August, 2021

                            JUDGMENT

All that the petitioner seeks for is, an

expeditious consideration of Exts.P5 and P3 applications filed in Form Nos.5 and 6 of the

Kerala Conservation of Paddy land and Wetland

Rules, seeking deletion of the entry relating to

the property from the data bank and seeking

conversion/change of user.

2. According to the petitioner, the property in

question had been lying as a garden land much prior

to the coming into force of the Kerala Conservation

of Paddy land and Wetland Act, but has been

erroneously included in the data bank maintained

under the Act. It is for the second respondent to

consider the applications on its merits and pass

appropriate orders.

3. Without expressing anything on merits, the

writ petition is disposed of directing the second

respondent to initially consider Ext.P5 application W. P. (C) No.15441 of 2021

(Form No.5) on obtaining and verifying relevant

records and pass appropriate orders thereon. If

orders are passed excluding the property from the

data bank, then Ext.P3 application (Form No.6)

shall be considered and appropriate orders passed.

Let the proceedings be completed within a period of

six months from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 15441/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 28.05.2020.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 04.01.2021.

Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 03.12.2020.

Exhibit P5 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 07.01.2021.

Exhibit P6 TRUE COPY OF THE REPROT SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED .....OI.2021.

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