Lissy Poulose vs The District Collector
2021 Latest Caselaw 20547 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 20731 OF 2021
PETITIONER:

            LISSY POULOSE
            AGED 61 YEARS
            W/O.POULOSE, PYNADATH HOUSE, KOZHIKKAKADAVU,
            CHENGAMANADU P.O., ERNAKULAM-683578.

            BY ADVS.
            N.KRISHNA RAJA MAULI
            N.G.ANITHA


RESPONDENTS:

    1       THE DISTRICT COLLECTOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM-682021.

    2       THE REVENUE DIVISIONAL OFFICER,
            K.B.JACOB ROAD, FORT KOCHI, ERNAKULAM-682001.

    3       THE TAHSILDAR,
            ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION,
            PERIYAR NAGAR, ALUVA-683101.

    4       THE VILLAGE OFFICER
            NEDUMBASSERY VILLAGE OFFICE, MEKKAD, NEDUMBASSERY,
            ERNAKULAM-683589.

    5       THE AGRICULTURAL OFFICER,
            NEDUMBASSERY KRISHI BHAVAN, NEDUMBASSERY, KOCHI-683585.

            SRI.APPU.P.S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20731 OF 2021

                                     2




                               JUDGMENT

The petitioner is the owner in possession of 8.85 Ares of land in

Survey No.476/24 in Block No.9 of Nedumbassery Village in Aluva Taluk

of Ernakulam District. The said property of the petitioner is not suitable

for paddy cultivation and is lying as converted land. The petitioner

confines his 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

converted 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 2nd 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 within a period of two months from the date

of receipt of a copy of this judgment. If orders are passed excluding the WP(C) NO. 20731 OF 2021

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 NP WP(C) NO. 20731 OF 2021

APPENDIX OF WP(C) 20731/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.03.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 20.04.2021.

Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 02.08.2021.

Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 12.04.2021.

RESPONDENT'S/S EXHIBITS: NIL