Kerala High Court
Sajira 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. 16505 OF 2021
PETITIONER:
SAJIRA, AGED 42 YEARS,
W/O.C.T.MUNEER, CHOWTHODIKA HOUSE,
CHERUVADI P.O., KODIYAHUR,
KOZHIKODE - 673 661, REPRESENTED BY
HER POWER OF ATTORNEY HOLDER C.T.MUNEER,
AGED 43 YEARS, S/O.MOOSA, THOWHA MANZIL,
CHOWTHODIKA, CHERUVADI P.O., KODIYAHUR,
KOZHIKODE - 673 661.
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, KOZHIKODE - 673 020.
3 REVENUE DIVISIONAL OFFICER,
KOZHIKODE, CIVIL STATION, KOZHIKODE P.O.,
KOZHIKODE DISTRICT - 673 020.
4 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER
AGRICULTURAL OFFICER), KRISHI BHAVAN,
KODIYATHOUR, PANNICODE P.O.,
KOZHIKODE DISTRICT - 673 602.
5 AGRICULTURAL OFFICER, KRISHI BHAVAN,
KODIYATHOUR, PANNICODE P.O.,
KOZHIKODE DISTRICT - 673602.
BY GOVERNMENT 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.16505/2021
: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.P3 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 1.92 Ares of land comprised in Survey No.34/26
of Kodiyathour Village in Kozhikode 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.P3 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.16505/2021
passed any orders on Ext.P3 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.P3 application in Form-5.
Ext.P3 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.P3 application in accordance
with law, within a period of four months.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2021
WP(C) No.16505/2021
APPENDIX OF WP(C) 16505/2021
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE CERTIFICATE DATED
08/07/2021 ISSUED BY THE VILLAGE OFFICER
KODIYATHOUR VILLAGE.
Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK
REGISTER PUBLISHED IN THE GAZETTE DATED
24/03/2012.
Exhibit P3 A COPY OF THE FORM 5 APPLICATION DATED
24/07/2021 SUBMITTED BEFORE 3RD
RESPONDENT, RDO FOR CORRECTION OF THE
ENTRIES OF THE DATA BANK REGISTER ALONG
WITH ITS POSTAL ACKNOWLEDGMENT CARD.
ncd
