Laisa K M vs The District Collector
2021 Latest Caselaw 21142 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        WP(C) NO. 22343 OF 2021
PETITIONER/S:

          LAISA K M, AGED 45 YEARS
          W/O. ANIL KUMAR, PULIKKOOL KUNIYIL, KOLLAM P.O,
          VIYYUR VILLAGE, KOYILANDI, KOZHIKODE 673 307

          BY ADV PRAVEEN K. JOY



RESPONDENT/S:

    1     THE DISTRICT COLLECTOR, COLLECTORATE,
          CIVIL STATION, WAYANAD ROAD,
          ERANHIPPALAM, KOZHIKODE 673 020

    2     THE REVENUE DIVISIONAL OFFICER,
          COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
          ERANHIPPALAM, KOZHIKODE 673 020

    3     THE TAHSILDAR, KOYILANDI TALUK OFFICE,
          MINI CIVIL STATION, KOYILANDY KOZHIKODE 673 305

    4     THE VILLAGE OFFICER
          VIYYUR VILALGE OFFICE, VIYYUR SCHOOL RD,
          KOLLAM, KOYILANDY, KOZHIKODE 673 307

    5     AGRICULTURAL OFFICER
          KRISHIBHAVAN, KOYILANDY-MUTHAMBI RD,
          KOYILANDY, KOZHIKODE 673 307

    6     THE CONVENOR
          LOCAL LEVEL MONITORING COMMITTEE, KOYILANDY
          MUNICIPALITY, KOYILANDY, KOZHIKODE 673 305

          BY GP SRI.P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22343 OF 2021       ..2..




                         JUDGMENT

The petitioner is the owner and in possession of

3.40 ares (8.61 cents) of land comprised in

Sy.No.98/4,3 in Block No.6 of Viyyur Village in

Koyilandy Taluk. The petitioner's property is described

as 'Nilam' in the Revenue Records. The petitioner has

filed Ext.P5 application in Form No.5 dated 29.09.2021

before the 2nd respondent/RDO to remove the land in

question from the Data Bank. The petitioner has also

filed Ext.P6 application in Form No.6 before the 2nd

respondent/RDO seeking permission to use the land for

other purposes and for BTR correction under the Kerala

Conservation of Paddy Land and Wet Land Act, 2008.

The petitioner is aggrieved by the delay in disposal of

Exts.P5 and P6 applications.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader.

 WP(C) NO. 22343 OF 2021        ..3..


    3.   There    will    be   a   direction   to   the   2nd

respondent/RDO to consider and dispose of Ext.P5

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

the relevant materials and reports from the Agricultural

Officer, within a period of three months from the date of

receipt of a copy of this judgment. In case the property

of the petitioner is removed from the Data Bank

pursuant to Ext.P5, then there will be a further

direction to the 2nd respondent to consider Ext.P6

application in Form No.6, within a period of two months

thereafter. The RDO shall consider all relevant matters

and shall obtain reports from the concerned Village

Officer as well. The petitioner is also directed to

produce a copy of the writ petition along with the

exhibits before the 2nd respondent for compliance. If the

applications directed to be disposed of are found

defective, the defect shall be intimated to the petitioner

by the 2nd respondent/RDO immediately on production WP(C) NO. 22343 OF 2021 ..4..

of a copy of this judgment, and the 2nd respondent/RDO

will be entitled to avail the time taken by the petitioner

to cure the defects in the application also, for

compliance of the directions contained in this judgment.

The writ petition is disposed of accordingly.

Sd/-

                        MURALI PURUSHOTHAMAN
                                 JUDGE
SB/20/10/2021
 WP(C) NO. 22343 OF 2021     ..5..



               APPENDIX OF WP(C) 22343/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF CERTIFICATE ISSUED BY THE VILLAGE , OFFICER ARIKKULAM DATED 25-05- 2018.

Exhibit P2 THE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT WITH NUMBER KL11020506409/19 DATED 17-09-

Exhibit P3 THE TRUE PHOTOCOPY OF THE REQUEST LETTER DATED 01-02-2021 SUBMITTED BEFORE THE ADALAT.

Exhibit P4 THE TRUE PHOTOCOPY OF THE LETTER DATED 23-

02-2021 ISSUED BY THE MUNICIPALITY

Exhibit P5 THE TRUE PHOTOCOPY OF THE APPLICATION IN FORM 5 SUBMITTED BEFORE THE 2ND RESPONDENT DATED 29-09-2021

Exhibit P6 THE TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT UNDER FORM-6

Exhibit P7 THE TRUE COPY OF THE CHALLAN FOR THE APPLICATION UNDER FORM 6 DATED 29-09-2021