Poulose vs The District Collector
2022 Latest Caselaw 4648 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. 14231 OF 2022
PETITIONERS:

                  POULOSE
                  AGED 56 YEARS
                  S/O. POULOSE, POMAKKAL HOUSE, VAYIKARAKARA,
                  RAYAMANGALAM, ERNAKULAM-683 549
                  BY ADVS.
                  N.KRISHNA RAJA MAULI
                  RENI JAMES
                  BINIYAMIN K.S.

RESPONDENTS:

       1          THE DISTRICT COLLECTOR
                  FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682
                  030
       2          THE REVENUE DIVISIONAL OFFICER,
                  MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR,
                  PATTIMATTOM-MUVATTUPUZHA ROAD, MUVATTUPUZHA-686 673
       3          THE TAHSILDAR,
                  KUNNATHUNAD TALUK OFFICE, POOPPANI ROAD, PERUMBAVOOR,
                  ERNAKULAM-683 543
       4          THE VILLAGE OFFICER,
                  RAYAMANGALAM VILLAGE OFFICE, SH1, PULLUVAZHY,
                  RAYAMANGALAM, ERNAKULAM-683 541
       5          THE AGRICULTURAL OFFICER,
                  RAYAMANGALAM KRISHI BHAVAN, RAYAMANGALAM, ERNAKULAM-
                  683 545



                  SR.GP SRI PREMCHAND R NAIR



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. 14231 OF 2022

                                     2


                          VIJU ABRAHAM, J
                    .......................................
                     W.P.(C) No.14231 of 2022
                 ................................................
               Dated this the 22 nd day of April, 2022

                                JUDGMENT

The petitioner is the owner of 51 Ares of land in Survey

Nos.222/, 223/13 & 223/17 in Block No.16 of

Rayamangalam Village in Kunnathunad Taluk of

Ernakulam District, out of which properties comprised in

Sy.Nos.223/13 and 223/17 are included as 'Nilam in

revenue records. It is submitted that the said properties

of the petitioner is also included in Ext.P2 data bank. In

view of the categorization of the land as 'nilam' ,

petitioner preferred Exts.P3 and P5 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. Since there

was some mistake with regard to the total extent of the

land, in Ext.P5 application, petitioner submitted Ext.P7 WP(C) NO. 14231 OF 2022

rectification application. The petitioner confines his relief

for an expeditious consideration of Exts.P3 and P5

applications in Form Nos.5 and 6 & 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.P3 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.P5 application (Form No.6)

and Ext.P7 rectification application, shall also be taken

up for consideration and appropriate orders shall be WP(C) NO. 14231 OF 2022

passed thereon within a period of three months

thereafter. The RDO 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. 14231 OF 2022

APPENDIX OF WP(C) 14231/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.07.2020 Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 02.09.2020 BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE FORWARDING LETTER NO.290/2020 SENT BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 18.09.2020 BEFORE THE 2ND RESPONDENT ALONG WITH SURVEY SKETCH Exhibit P6 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 17.09.2020 Exhibit P7 TRUE COPY OF THE RECTIFIED FORM 6 ALONG WITH THE COVERING LETTER DATED 03.02.2022

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE