Jose John vs The District Collector
2022 Latest Caselaw 1724 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                          WP(C) NO. 5111 OF 2022
PETITIONER:

              JOSE JOHN
              AGED 54 YEARS
              S/O.JOHN, MANJALI HOUSE, DOVE VILLA, ALAGAPPANAGAR,
              AMBALLUR, THRISSUR-680302
              BY ADVS.
              N.KRISHNA RAJA MAULI
              RENI JAMES
RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
              THRISSUR-680 003
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEXE,
              IRINJALAKUDA-680125
     3        THE TAHASILDAR,
              MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM,
              CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR-680125
     4        THE VILLAGE OFFICER,
              NENMANIKKARA VILLAGE OFFICE, PALIYEKKARA,
              CHITTISSERY, THRISSUR-680 301
     5        THE AGRICULTURAL OFFICER,
              NENMANIKKARA KRISHIBHAVAN, PALIYEKKARA,
              CHITTISSERY, THRISSUR-680 301
              SMT.PRINCY XAVIER-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5111 OF 2022

                                      2




                               JUDGMENT

Dated this the 16th day of February, 2022

The petitioner is the owner in possession of 8.79 Ares of land in

Survey Nos.490/1-4, 490/1-5 and 490/1-6 of Nenmanikkara Village,

Mukundapuram Taluk of Thrissur District. The petitioner confines his

relief for an expeditious consideration of Exts.P3 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 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 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 WP(C) NO. 5111 OF 2022

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.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 NP WP(C) NO. 5111 OF 2022

APPENDIX OF WP(C) 5111/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 30.07.2021 Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK ISSUED BY THE NENMANIKKARA GRAMA PANCHAYATH Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 11.08.2021 Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 21.12.2021 Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 21.12.2021 Exhibit P6 TRUE COPY OF THE RECEIPT NO.B5/18072/21 DATED 21.12.2021 ALONG WITH THE FORWARDING LETTER ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL