Sainaba vs The District Collector
2022 Latest Caselaw 3881 Ker

               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. 12416 OF 2022
PETITIONER:

          SAINABA
          AGED 67 YEARS
          VERUPURATH HOUSE, PATTAMBI TALUK,
          VILAYUR P.O, PALAKKAD 679 309.
          BY ADVS.
          N.KRISHNA RAJA MAULI
          RENI JAMES
          BINIYAMIN K.S.
RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE , UP HILL, MALAPPURAM 676 505.
    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, SHORNUR- PERINTHALMANNA
          ROAD, SHANTI NAGAR, PERINTHALAMANNA, MALAPPURAM 679322
    3     THE TAHSILDAR,
          PERINTHALMANNA TALUK OFFICE, SHORNUR- PERINTHALMANNA
          ROAD, SHANTI NAGAR, PERINTHALMANNA, MALAPPURAM 679 322.
    4     THE VILLAGE OFFICER,
          PULAMANTHOLE VILLAGE OFFICE, PERINTHALMANNA ROAD,
          PULAMANTHOLE, MALAPPURAM 679 323.
    5     THE AGRICULTURAL OFFICER,
          PULAMANTHOLE KRISHI BHAVAN, PERINTHALMANNA ROAD,
          PULAMANTHOLE, MALAPPURAM DISTRICT 679 323.
          SMT.VINITHA.B-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. 12416 OF 2022

                                      2




                               JUDGMENT

Dated this the 5th day of April, 2022

The petitioner is the owner in possession of 6.28 Ares of land in

Survey No.41/9-3 of Pulamanthole Village, Perinthalmanna Taluk of

Malappuram District. The petitioner confines her relief for an expeditious

consideration of Ext.P3 application in Form No.5 under the proviso to

Section 5(4) of the Kerala Conservation of Paddy land and Wetland Act,

2008, seeking deletion of entry relating to the subject property from the

data bank. 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 petition is

disposed of directing the 2nd respondent to consider Ext.P3 application

(Form No.5), after obtaining all necessary inputs including the report of the

Agricultural Officer and to pass appropriate orders thereon. The entire

proceedings shall be completed within a period of three months from the

date of receipt of a copy of this judgment. WP(C) NO. 12416 OF 2022

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12416 OF 2022

APPENDIX OF WP(C) 12416/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.04.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF DRAFT DATA BANK. Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 29.04.2021. Exhibit P4 TRUE COPY OF THE FORWARDING LETTER NO. SR 618/2021/M2 DATED 04.05.2021 BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL