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. 16495 OF 2021
PETITIONER:
HIMA DANI,
ALAPATT PALATHINKAL HOUSE,
PERINGAVU VILLAGE, THRISSUR.
BY ADVS.
K.P.SANTHI
TARA PREM
NISHA G.THARAMAL
SARIMOL KAREETHARA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, AYYANTHOLE,
THRISSUR-680 003.
3 THE TAHSILDAR, TALUK OFFICE,
CIVIL STATION, AYYANTHOLE,
THRISSUR-680 003.
4 LOCAL LEVEL MONITORING COMMITTEE,
KRISHI BHAVAN, OLLUR, THRISSUR-680 306,
REPRESENTED BY CONVENOR.
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.16495/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 12th day of August, 2021
The petitioner has 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 petitioner.
2. The petitioner states that she is the owner in
possession of 90.66 Ares of land comprised in Re-survey
Nos.29/21 and 29/18 of Ollur Village in Thrissur District. The
said 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 petitioner wants to use the land for other
purposes. Hence, the petitioner 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
WP(C) No.16495/2021
passed any orders on Ext.P4 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.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.16495/2021
APPENDIX OF WP(C) 16495/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED
4.9.2015 OF THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE LETTER DATED 29.9.2015
TO 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 THE RELEVANT PAGES OF DATA
BANK DATED 22.1.2021
ncd
