Sajitha V.S. vs The District Collector
2021 Latest Caselaw 213 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                         WP(C).No.69 OF 2021(G)


PETITIONER/S:

                SAJITHA V.S., AGED 42 YEARS, W/O.VIJAYAKUMAR DAS,
                SREENILAYAM, PARLI, EDAKKARA, MALAPPURAM DISTRICT.

                BY ADV. SRI.U.K.DEVIDAS


RESPONDENT/S:

      1         THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,
                MALAPPURAM-676 505.

      2         THE REVENUE DIVISIONAL OFFICER,
                PERINTHALMANNA TALUK, PERINTHALMANNA,
                MALAPPURAM DISTRICT-679 322.

      3         THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR,
                MALAPPURAM DISTRICT-679 322.

      4         THE VILLAGE OFFICER, EDAKKARA VILLAGE OFFICE,
                EDAKKARA, MALAPPURAM DISTRICT-679 331.

      5         THE AGRICULTURE OFFICER, AGRICULTURE OFFICE,
                EDAKKARA, MALAPPURAM DISTRICT-679 331.


                BY SENIOR GOVERNMENT PLEADER, SRI.MANURAJ K.J.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.69/2021                   2




                            JUDGMENT

Dated this the 5th day of January 2021

The petitioner, aggrieved by an order passed by the

Sub Collector, Perinthalmanna under Section 27A of the

Kerala Conservation of Paddy Land and Wetland Act,

2008(for short, Paddy Land Act), filed an appeal before

the first respondent. Ext.P7 is the memorandum of

appeal.

2. The petitioner's request under Section 27A of

the Paddy Land Act was rejected stating that the land

is fit to be included in the data bank. It is based on

that view the application under Section 27A of the

Paddy Land Act was rejected by the Sub Collector.

It is appropriate that the District Collector takes

a decision in this matter within a period of two months

after notice to the petitioner. Till then, steps to

include the land in the data bank shall be kept in

abeyance. The petitioner also shall not undertake any

construction in the land based on Ext.P3 building

permit issued by the Panchayat unless she obtains a

favourable order from the District Collector or from

any other forum.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 14-05-2019.

EXHIBIT P2 TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE VILLAGE OFFICER.

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT DATED 22-01-2020.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 24-

01-2020 SUBMITTED BY PETITIONER.

EXHIBIT P4A TRUE COPY OF THE CHALAN RECEIPT DATED 14-01-2020.

EXHIBIT P5 TRUE COPY OF THE REPORT WITH MAHAZAR PREPARED BY FOURTH RESPONDENT DATED 15- 02-2020.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 5-10-2020 ISSUED BY THE FIRST RESPONDENT

EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 27-10-2020 WITHOUT ENCLOSURES.

EXHIBIT P7B TRUE COPY OF THE CHALAN RECEIPT DATED 27-10-2020.

EXHIBIT P8 TRUE COPY OF THE APPEAL WITH ENDORSEMENT OF FOURTH RESPONDENT DATED 19-11-2020.

EXHIBIT P8A TRUE COPY OF THE APPEAL WITH ENDORSEMENT OF FIFTH RESPONDENT DATED 19-11-2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE