Mary Seeta vs The District Collector
2021 Latest Caselaw 22909 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 26097 OF 2021
PETITIONER:

          MARY SEETA,
          AGED 65 YEARS
          W/O. JOSE, EDAKALATHUR HOUSE, POONKUNNAM P.O. THRISSUR
          680 002.
          BY ADVS.
          N.KRISHNA RAJA MAULI
          N.G.ANITHA


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR 680
          003.
    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, THRISSUR 680 003.
    3     THE TAHSILDAR,
          THRISSUR TALUK OFFICE, OPP. THRISSUR TOWN HALL,
          CHEMBUKKAVU, THRISSUR 680 020.
    4     THE VILLAGE OFFICER,
          AVANNUR VILLAGE OFFICE, KOTTEKKAD MUNDUR ROAD, AVANNUR,
          THRISSUR 680 541.
    5     THE AGRICULTURAL OFFICER,
          AVANNUR KRISHI BHAVAN, AVANNUR MUNDUR ROAD, AVANNUR,
          THRISSUR 680 541.


          APPU.P.S-GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26097 OF 2021

                                  2


                            JUDGMENT

Dated this the 23rd day of November 2021

The petitioner is the owner in possession of a total

extent of 18.21 Ares of land, comprising 10.40 Ares in Survey

No.74/1-1 and 7.81 Ares in Survey No.73/20 in Avannur

Village in Thrissur Taluk of Thrissur District. The petitioner

confines her relief for an expeditious consideration of Exts.P3

and P4 applications in Form Nos.5 and 6 under the Kerala

Conservation of Paddy land and Wetland Act, 2008, seeking

deletion of entry relating to the subject property from the data

bank and seeking permission for use of land for other

purposes. According to the petitioner, the property is not a

cultivable land and has been erroneously included in the data

bank.

2. Having heard the learned Government Pleader also

and without expressing any view on the merits of the matter,

this writ petition is disposed of directing the 2 nd respondent to

initially consider Ext.P3 application (Form No.5), after obtaining

and verifying the relevant materials and reports from the

Agricultural Officer and to pass appropriate orders thereon WP(C).No.26097 OF 2021

within a period of three months from the date of receipt of a

copy of this judgment. If orders are passed excluding the

property from the data bank, then, Ext.P4 application (Form

No.6) shall also be taken up for consideration and appropriate

orders shall be passed thereon within a period of three months

thereafter. The RDO shall consider all relevant matters and

shall obtain reports from the concerned Village Officer as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/23/11 WP(C).No.26097 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.04.2021.

TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA Exhibit P2 BANK (RELEVANT PAGES).

TRUE COPY OF THE APPLICATION UNDER FORM 5 Exhibit P3 BEFORE THE 2ND RESPONDENT DATED 12.07.2021. TRUE COPY OF THE APPLICATION UNDER FOR M 6 Exhibit P4 BEFORE THE 2ND RESPONDENT DATED 12.07.2021.

RESPONDENTS' EXHIBITS:        NIL



 SSK                          //TRUE COPY//           PA TO JUDGE