Kerala High Court
Khairunnissa vs Revenue Divisional Officer on 18 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
WP(C).No.7041 OF 2021(E)
PETITIONER:
KHAIRUNNISSA,AGED 60 YEARS
W/O. LATE PAREED, VILLA AL SADA, ARAVASSERY HOUSE,
KUTTOOR VILLAGE, ATTORE DESOM, KUTTOOR P.O.,
THRISSUR DISTRICT-680013.
BY ADV. SRI.SHOBY K.FRANCIS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
OFFICE OF RDO, COLLECTORATE, AYYANTHOLE PO,
THRISSUR DISTRICT-680003.
2 LOCAL LEVEL MONITORING COMMITTEE OF KAIPPARAMBU
GRAMA PANCHAYATH,
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHI BHAVAN, KAIPARAMBU, MUNDOOR PO, 680541,
THRISSUR.
3 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KAIPARAMBU, MUNDOOR PO, 680541,
THRISSUR.
4 TAHSILDAR,
TALUK OFFICE, THRISSUR TALUK, MINI CIVIL STATION,
CHEMBOOKKAVU PO, THRISSUR-680020.
5 VILLAGE OFFICE,
PERAMANGALAM VILLAGE, P.O.PERAMANGALAM, THRISSUR
DISTRICT, PINCODE-680545.
6 DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOLE, THRISSUR-680003.
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
W.P.(C) No.7041 of 2021
==========================
Dated this the 18th day of March, 2021
JUDGMENT
The petitioner confines her relief for an expeditious
consideration of the application filed by her in Form No.5
of the Kerala Conservation of Paddyland and Wetland Rules,
seeking exclusion of her property from the Data Bank.
Petitioner contends that the property is lying as a
converted dry land from time immemorial and that there are
residential and commercial buildings adjacent to the
property.
Without expressing anything on merits, I dispose of
this writ petition directing the first respondent to
consider the petitioner's application in form No.5 in
accordance with law, on obtaining the necessary reports and
verifying the same. Orders shall be passed as
expeditiously as possible and at any rate within a period
of three months from the date of receipt of a copy of this
judgment. It is clarified that the relief claimed in the
writ petition based on the application of the petitioner
under Section 3A of the Act as it stood, is left open.
Sd/- Sathish Ninan, Judge
vdv
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 29.6.2020.
EXHIBIT P2 TRUE COPY OF THE CHALAN RECEIPT DATED
30.3.2016 REMITTED BY THE PETITIONER
FOR SUBMITTING APPLICATION UNDER SEC.3A
OF THE PADDY AND WET LAND ACT, 2008.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF
THE DATA BANK DATED 23.1.2021 PREPARED
BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF APPLICATION SUBMITTED BY
THE PETITIONER TO EXCLUDE THE PROPERTY
FROM THE DATA BANK DATED 3.3.2021
HAVING AN TOTAL EXTENT OF 11.87 ARS OF
LAND (37 CENTS) COMPRISED IN SURVEY
NO.92/6 & 7 OF PERAMANGALAM VILLAGE IN
THRISSUR TALUK IN THRISSUR DISTRICT AS
PER THE REGISTERED TITLE DEED
NO.27/1/2013 OF SRO, MUNDUR.
EXHIBIT P5 TRUE COPY OF THE INTIMATION DATED NIL
FORWARDED TO THE RESPONDENTS 3 AND 5 BY
THE OFFICE OF THE 1ST RESPONDENT.
