Jayachandran vs The District Collector
2021 Latest Caselaw 23124 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                        WP(C) NO. 26398 OF 2021
PETITIONER:

          JAYACHANDRAN
          AGED 56 YEARS
          S/O. PADMANABHAN, SOUPARNIKA, MATHUR MANA ROAD,
          THOTTAKKARA, PALAKKAD-679 102

          BY ADVS.
          SAIJO HASSAN
          BENOJ C AUGUSTIN
          RAFEEK. V.K.
          P.PARVATHY
          AATHIRA SUNNY



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE ,PALAKKAD-678 013

    2     LOCAL LEVEL MONITORING COMMITTEE,
          OTTAPPALAM MUNICIPALITY, REPRESENTED BY ITS CONVENOR,
          THE AGRICULTURAL OFFICER, KRISHI BHAVAN, OTTAPALAM,
          PALAKKAD-679 102

    3     THE REVENUE DIVISIONALOFFICER,
          OTTAPALAM, PALAKKAD-686 669



          SRI.RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26398 OF 2021

                                     2


                                JUDGMENT

The petitioner is the owner in possession of 10.48 Ares of land in

Re-Survey No.275/5A of Ottapalam-II Village in Ottapalam Taluk of

Palakkad District. The petitioner confines his relief for an expeditious

consideration of Exts.P4 and P5 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 dry land and has been erroneously

included in the data bank.

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 3rd respondent to initially consider Ext.P4

application (Form No.5), after obtaining and verifying the relevant

materials and reports from the Agricultural Officer and to pass

appropriate orders thereon 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.P5 application

(Form No.6) shall also be taken up for consideration and appropriate WP(C) NO. 26398 OF 2021

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. The petitioner shall

produce a copy of this judgment along with a copy of the writ petition

before the 3rd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 26398 OF 2021

APPENDIX OF WP(C) 26398/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.08.2021 ISSUED FROM THE VILLAGE OFFICE, OTTAPALAM-II

Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 08.09.2021 ISSUED FROM VILLAGE OFFICE, OTTAPALAM-II

Exhibit P3 TRUE COPY OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM NO.5 OF PADDY LAND ACT, DATED 07.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 12.11.20201 UNDER SECTION 27A OF KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT 2008 SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH FEE RECEIPT