Mariam Rasheedh vs The District Collector
2022 Latest Caselaw 4642 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                       WP(C) NO. 14250 OF 2022
PETITIONER:

          MARIAM RASHEEDH
          AGED 33 YEARS
          D/O.ABDUL RASHEEDH, ALFANATHIL HOUSE, C.C.DOOR
          NO.44/1049A, PERANDOOR ROAD, KALOOR P.O., ERNAKULAM -
          682 017.
          BY ADVS.
          N.KRISHNA RAJA MAULI
          RENI JAMES
          BINIYAMIN K.S.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
    2     THE REVENUE DIVISIONAL OFFICER
          K B JACOB ROAD, FORT KOCHI, ERNAKULAM - 682 001.
    3     THE TAHASILDAR
          PARAVUR TALUK OFFICE, MAIN ROAD, NORTH PARAVUR - 683
          513.
    4     THE VILLAGE OFFICER
          PUTHENVELIKKARA VILLAGE OFFICE, THURUTHIPURAM EAST,
          PUTHENVELIKKARA - 683 594.
    5     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY THE AGRICULTURAL OFFICER, KUNNUKARA
          KRISHI BHAVAN, KUNNUKARA P.O., ERNAKULAM - 683 578.


          GP. RAJEEV JYOTHISH GEORGE



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14250 OF 2022

                                       2


                            VIJU ABRAHAM, J
                      .......................................
                       W.P.(C) No.14250 of 2022
                   ................................................
                 Dated this the 22 nd day of April, 2022

                                  JUDGMENT

The petitioner is the owner of 57.41 Ares of land in Survey

Nos.60/1A3-8, 60/1B-3, 60/1B-4, 60/1B-5, 60/2-4, 60/3-8 and

62/13D-2 of Puthanvelikkara Village in Paravur Taluk of

Ernakulam District. It is submitted that though the property of

the petitioner is lying as converted land and the same is not

suitable for paddy cultivation and is included as paddy land in

the data bank and also mentioned in revenue records as

'Nilam'. In view of the categorization of the land as converted

land, petitioner preferred Exts.P3 and P5 applications in Form

Nos.7 and 5 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. Since there was some mistake

with regard to the total extent of the land, in Ext.P3

application, petitioner submitted Ext.P7 rectification

application. Petitioner also submitted that as per Ext.P6, the WP(C) NO. 14250 OF 2022

5th respondent has already taken a decision to remove the

properties from the data bank. The petitioner confines his

relief for an expeditious consideration of Exts.P3 and P5

applications in Form Nos.7 and 5 & Ext.P7 rectification

application, in a time bound manner to be fixed by this Court.

2. I have heard the learned counsel for the petitioner as well as

the learned Government Pleader.

3. 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 2 nd respondent

initially consider Ext.P5 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 the

property from the data bank, then, Ext.P3 application (Form

No.7) and Ext.P7 rectification application, shall also be taken

up for consideration and appropriate orders shall be passed

thereon within a period of three months thereafter. The RDO WP(C) NO. 14250 OF 2022

shall consider all relevant matters including nature and extent

of the property and shall obtain reports from the concerned

Village Officer as well.

The writ petition is disposed of.

Sd/-

VIJU ABRAHAM, JUDGE

AMV/23/04/2022 WP(C) NO. 14250 OF 2022

APPENDIX OF WP(C) 14250/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 09/11/2020.

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

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 7 BEFORE THE 2ND RESPONDENT DATED 18/12/2020 ALONG WITH THE SURVEY SKETCH.

Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 20/11/2020. Exhibit P5 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 19/04/2021.

Exhibit P6 TRUE COPY OF MEETING REPORT OF 5TH RESPONDENT HELD ON 20/11/2021 Exhibit P7 TRUE COPY OF THE RECTIFIED FROM 7 ALONG WITH THE COVERING LETTER DATED 09/02/2022. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 17/03/2022 IN WP(C) NO.6687/2022.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE