V.B. Hamsa vs The District Collector
2021 Latest Caselaw 20678 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 21073 OF 2021
PETITIONER:

          V.B. HAMSA
          AGED 49 YEARS
          S/O HASSAN BAVA, VELLARKODATH HOUSE, 8C, NAD
          GREENATURE, KUSUMAGIRI P.O, KAKKANAD-682 030.

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


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM-682 021.

    2     THE REVENUE DIVISIONAL OFFICER,
          K B JACOB ROAD, FORT KOCHI, ERNAKULAM-682 001.

    3     THE TAHSILDAR,
          ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION,
          PERIYAR NAGAR, ALUVA-683 101

    4     THE VILLAGE OFFICER
          ALUVA EAST VILLAGE OFFICE, ALUVA-PUKKATTUPADY ROAD,
          EDATHALA, ALUVA, ERNAKULAM-683 563.

    5     THE AGRICULTURAL OFFICER,
          EDATHALA KRISHI BHAVAN, EDATHALA, ALUVA-683 563.

          SRI.APPU.P.S., GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21073 OF 2021

                                      2




                               JUDGMENT

The petitioner is the owner in possession of 4.05 Ares of land in

Survey No.111/7-1 in Block No.35 of Aluva East Village in Aluva Taluk of

Ernakulam District. The property of the petitioner is partially converted

land and is not suitable for paddy cultivation. 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 three months from the

date of receipt of a copy of this judgment. If orders are passed excluding WP(C) NO. 21073 OF 2021

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 NP WP(C) NO. 21073 OF 2021

APPENDIX OF WP(C) 21073/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.6.2020

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 15.2.2021

Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 15.2.2021

Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 4.2.2021

Exhibit P6 TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 15.3.2021

RESPONDENT'S/S EXHIBITS: NIL