Kerala High Court
Hima Dani 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. 16632 OF 2021
PETITIONERS:
1 HIMA DANI,
ALAPATT PALATHINKAL HOUSE,
PERINGAVU VILLAGE, THRISSUR.
2 SONA BABU,
THUMBIL AMBUPARAMBIL HOUSE,
THIRUVATHUKAL P.O.,
KOTTAYAM-636 003.
BY ADVS.
K.P.SANTHI
NISHA G.THARAMAL
TARA PREM
SARIMOL KAREETHARA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, AYYANTHOLE,
THRISSUR-680 003.
3 THE TAHSILDAR, TALUK OFFICE,
CIVIL STATION, AYYANTHOLE,
THRISSUR-680 003.
BY GOVT.PLEADER SRI.APPU P.S.
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.16632/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 12th day of August, 2021
The petitioners have filed this writ petition seeking
to direct the 2nd respondent to consider Ext.P4 application and
to pass appropriate orders thereon, after affording an
opportunity of hearing to the petitioners.
2. The petitioners state that they are the owners in
possession of 54.44 Ares of land comprised in Re-survey
Nos.23/22 and 23/77 of Ollur Village in Thrissur District. Their
land is recorded as 'Nilam' in the Basic Tax Register. The land
is included in the Land Data Bank, though referred as
converted land. The land, in fact, is 'purayidam'.
3. The petitioners want to use the land for other
purposes. Hence, the petitioners filed Ext.P4 application in
Form-5 before the 2nd respondent-Revenue Divisional Officer,
invoking Rule 4(4D) of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The 2 nd respondent-RDO has not
passed any orders on Ext.P4 application so far. The
WP(C) No.16632/2021
petitioners are aggrieved by the delay in considering and
passing orders on the application.
4. Heard the learned counsel for the petitioners 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 petitioners have
invoked Rule 4(4D) in filing Ext.P4 application in Form-5.
Ext.P4 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 2nd respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P4 application in accordance
with law, within a period of four months.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2021
WP(C) No.16632/2021
APPENDIX OF WP(C) 16632/2021
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED
4.9.2015 OF THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED
24.11.2015 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPORT OF THE KSREC.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
19.4.2021 SUBMITTED TO 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF RELEVANT PAGES OF DATA
BANK PUBLISHED ON 22.1.2021.
ncd
