Devaki P.M vs The District Collector
2022 Latest Caselaw 4647 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. 14229 OF 2022
PETITIONER:

          DEVAKI P.M.
          AGED 66 YEARS
          D/O. CHAPPAN, DEVI NIVAS, KOMMERI, KOZHIKODE 673
          007
          BY ADVS.
          N.KRISHNA RAJA MAULI
          RENI JAMES
          BINIYAMIN K.S.

RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
          KOZHIKODE 673 020
    2     THE REVENUE DIVISIONAL OFFICER
          KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
          ERANHIPPALAM, KOZHIKODE 673 020
    3     THE TAHSILDAR,
          KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD
          ROAD, ERANHIPPALAM, KOZHIKODE 673 020
    4     THE VILLAGE OFFICER
          VALAYANAD VILLAGE OFFICE, MANGAVU, VALAYANAD,
          KOZHIKODE 673 007
    5     THE AGRICULTURAL OFFICER,
          PUTHIYARA KRISHI BHAVAN, PUTHIYARA, KOZHIKODE 673
          004


              SRI. RAJEEV JYOTHISH GEORGE, GP



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. 14229 OF 2022

                                                2


                            VIJU ABRAHAM, J
                      .......................................
                       W.P.(C) No.14229 of 2022
                   ................................................
                 Dated this the 22 nd day of April, 2022

                                       JUDGMENT

The petitioner is the owner in possession of 7 Ares

37.24 sq.mtr. of land in Survey No.127/48 in Block

No.1 of Valayanad Village in Kozhikode Taluk of

Kozhikode District. The above property is included as

"Nanja" in the Revenue Records. It is submitted that

the property of the petitioner is lying as converted

land and the same is not suitable for paddy cultivation

and is included in Ext.P2 draft data bank. The

petitioner confines his relief for an expeditious

consideration of Ext.P3 application in Form No.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 before the

2 nd respondent.

2. I have heard the learned counsel for the petitioner as WP(C) NO. 14229 OF 2022

well as the learned Government Pleader.

3. In the nature of the limited request made by the

petitioner, the writ petition is disposed of directing the

2 nd respondent to take up Ext.P3 application, consider

and pass orders on the same, after considering all

relevant aspects of the matter including nature and

extent of the property and after verifying the data bank

and obtaining all necessary inputs including the report

of the Village Officer. The entire proceedings shall be

completed within a period of three months from the

date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

VIJU ABRAHAM, JUDGE

AMV/23/04/2022 WP(C) NO. 14229 OF 2022

APPENDIX OF WP(C) 14229/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 22-

09-2021 Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 03-02- 2022.

  RESPONDENTS EXHIBITS:      NIL




                                                         TRUE COPY




                                                      P.A TO JUDGE