Jose K.I vs The District Collector
2022 Latest Caselaw 1601 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                    THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
       TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                              WP(C) NO. 5055 OF 2022
PETITIONER:

                  JOSE K.I.,
                  AGED 59 YEARS
                  S/O. ITTEERA, KOONATHAN HOUSE, MANJAPRA, ALAPPARA P.O.,
                  ERNAKULAM-683581.

                  BY ADVS.
                  N.KRISHNA RAJA MAULI
                  RENI JAMES
                  BINIYAMIN K.S.



RESPONDENTS:

       1          THE DISTRICT COLLECTOR,
                  1ST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

       2          THE REVENUE DIVISIONAL OFFICER,
                  REVENUE DIVISIONAL OFFICE, K.B. JACOB ROAD, FORT KOCHI,
                  KOCHI-682001.

       3          THE TAHSILDAR,
                  ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION,
                  CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA-683101.

       4          THE VILLAGE OFFICER,
                  ANGAMALY VILLAGE OFFICE, GROUND FLOOR, MINI CIVIL
                  STATION, ANGAMALY, ERNAKULAM-683572.

       5          THE AGRICULTURAL OFFICER,
                  ANGAMALY KRISHI BHAVAN, MINI CIVIL STATION, SECOND
                  FLOOR, ANGAMALY-683101.



                  PRINCY XAVIER-SR.GP


THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5055 OF 2022

                                     2


                              JUDGMENT

The petitioner is the owner in possession of 9.85 Ares of land in

Survey Nos.185/5-4, 185/5-5 in Block No.12 of Angamaly Village in Aluva

Taluk of Ernakulam District. With regard to the Form 5 application, it is

submitted that the extent of property included in the data bank is only

4.96 Ares and therefore revised Form 5 application has been submitted

as Ext.P6. The petitioner confines his relief for an expeditious

consideration of Exts.P6 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 garden land and has been erroneously

included in the data bank.

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 initially consider Ext.P6

application (Form No.5), after obtaining and verifying the relevant

materials and reports from the Agricultural Officer and to pass WP(C) NO. 5055 OF 2022

appropriate orders thereon within a period of four 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.P4 application (Form No.6) shall

also be taken up for consideration and appropriate orders shall be

passed thereon within a period of three months thereafter. The RDO

shall consider all relevant matters and shall obtain reports from the

concerned Village Officer as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 5055 OF 2022

APPENDIX OF WP(C) 5055/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27/04/2019.

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

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 22/09/2021.

Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 20/11/2021.

Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 20/10/2021.

Exhibit P6 TRUE COPY OF THE RECTIFIED FORM 5 ALONG WITH TH COVERING LETTER DATED 20/01/2022.