Kerala High Court
Joy Joseph vs The District Collector on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 12355 OF 2022
PETITIONERS:
1 JOY JOSEPH
AGED 68 YEARS
S/O.JOSEPH, PLAKUZHIYIL HOUSE, MANNAMKARA,
AMALAGIRI P.O., ATHIRAMPUZHA, KOTTAYAM - 686 561.
2 JULIYAMMA
AGED 67 YEARS
W/O.JOY JOSEPH, PLAKUZHIYIL HOUSE, MANNAMKARA,
AMALAGIRI P.O., ATHIRAMPUZHA, KOTTAYAM - 686 561.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM, KOTTAYAM - KUMILY RD.,
KOTTAYAM - 686 002.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM - 686 001.
3 THE TAHSILDAR
KOTTAYAM TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION,
UNION CLUB ROAD, PUTHENANGADU, KOTTAYAM - 686 001.
4 THE VILLAGE OFFICER
ATHIRAPUZHA VILLAGE OFFICE, ATHIRAMPUZHA P.O.,
KOTTAYAM - 686 562.
5 THE AGRICULTURAL OFFICER
ATHIRAMPUZHA KRISHI BHAVAN, ATHIRAMPUZHA P.O.,
KOTTAYAM - 686 562.
SMT. PRINCY XAVIER-SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12355 OF 2022
2
JUDGMENT
Dated this the 5th day of April, 2022
The petitioners are the owners in possession of an extent of 18.80
Ares of property in Survey No.286/3 of Athirampuzha Village,
Kottayam Taluk of Kottayam District. Out of the above land, 10.8 Ares
of land is included in the data bank for which Form 5 application is
submitted. The learned counsel for the petitioners submits that though
the extent of the property as shown in the tax receipt is 18.80 Ares, the
petitioner is in physical possession of 18.29 Ares, which is the extent
for which Form 6 application is submitted. The petitioners confines
their 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 a
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
WP(C) NO. 12355 OF 2022
petition is disposed of directing the 2nd respondent to initially consider
Ext.P3 application (Form No.5), after obtaining and verifying the
relevant materials including the nature and extent of the property and
reports from the Agricultural Officer. 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. The RDO shall consider all relevant matters and shall obtain
reports from the concerned Village Officer as well. The entire
proceedings shall be completed within a period of four months from the
date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 12355 OF 2022
APPENDIX OF WP(C) 12355/2022
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
10/09/2021.
Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK OF
ATHIRAMPUZHA GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 5 DATED
22/12/2021 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED
20/01/2022 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT ALONG WITH SURVEY SKETCH.
Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING THE
PAYMENT OF STATUTORY FEE DATED 29/12/2021.
RESPONDENTS' EXHIBITS: NIL
