Kerala High Court
Aisha vs State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF AUGUST 2021/21ST SRAVANA, 1943
WP(C) NO. 16486 OF 2021
PETITIONER:
AISHA, AGED 60 YEARS, W/O.SURESH M.N.,
MADATHIPARAMBIL HOUSE, S.ADUVASSERY POST,
ERNAKULAM DISTRICT-683 578, REPRESENTED BY
HER POWER OF ATTORNEY HOLDER, SURYA M.S.,
AGED 33 YEARS, D/O.SURESH M.N.,
MADATHIPARAMBIL HOUSE, S.ADUVASSERY POST,
ERNAKULAM DISTRICT-683 578
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, CIVIL STATION, KAKKANAD POST,
ERNAKULAM DISTRICT,PIN-682 030
3 REVENUE DIVISIONAL OFFICER,
FORT KOCHI, REVENUE DIVISIONAL OFFICE,
FORT KOCHI, ERNAKULAM-682 001
4 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER
AGRICULTURAL OFFICER ) KRISHI BHAVAN,
KUNNUKARA, KUNNUKARA P.O.,
ERNAKULAM DISTRICT-683 578.
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KUNNUKARA,
KUNNUKARA P.O.,
ERNAKULAM DISTRICT-683 578.
BY GOVT. PLEADER SRI.HANILKUMAR HARSHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16486/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 12th day of August, 2021
The petitioner has filed this writ petition seeking to
direct 3rd respondent to consider Ext.P2 and to pass
appropriate orders thereon, after affording an opportunity of
hearing to the petitioner.
2. The petitioner states that she is the owner in
possession of 5.56 Ares of land comprised in Survey
No.659/1-12 of Kunnukara Village in Ernakulam District. The
land is recorded as 'Nilam' in the Basic Tax Register. The land
is included in the Land Data Bank. The land, in fact, is
'purayidam'.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P2 application in
Form-5 before the 3rd respondent-Revenue Divisional Officer,
invoking Rule 4(4D) of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The 3rd respondent-RDO has not
WP(C) No.16486/2021
passed any orders on Ext.P2 application so far. The petitioner
is aggrieved by the delay in considering and passing orders
on the application.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
5. Rule 4(4D) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 enables persons who are
aggrieved by the contents of Data Bank to make applications
to alter the contents of the Data Bank. The petitioner has
invoked Rule 4(4D) in filing Ext.P2 application in Form-5.
Ext.P2 being a statutory application, the Revenue Divisional
Officer is bound to consider the application and pass orders
thereon within a reasonable time.
The writ petition is therefore disposed of with a
direction to the 3rd respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P2 application in accordance
with law, within a period of four months.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2021
WP(C) No.16486/2021
APPENDIX OF WP(C) 16486/2021
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK REGISTER PUBLISHED IN THE GAZETTE
DATED 24.03.2012
Exhibit P2 A COPY OF THE FORM 5 APPLICATION DATED
24.06.2021 FOR CORRECTION OF DATA BANK
REGISTER THROUGH POST ON 02.07.2021 FOR
CORRECTION OF THE ENTRIES OF THE DATA
BANK REGISTER ALONG WITH ITS POSTAL
ACKNOWLEDGMENT CARD
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