Fousiya vs District Collector
2022 Latest Caselaw 8837 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                WP(C) NO. 18660 OF 2022
PETITIONER:

         FOUSIYA,
         AGED 44 YEARS
         W/O. ASHRAF, THAZHE KUNNUMMAL,
         PANAYI, BALUSSERI, KOKALLUR,
         KOZHIKODE DISTRICT, PIN- 673 612

         BY ADV NOBLE MATHEW


RESPONDENTS:

    1    DISTRICT COLLECTOR,
         KOZHIKODE, CIVIL STATION, ERANHIPPALAM,
         KOZHIKODE, PIN- 673 020.
    2    THE LOCAL LEVEL MONITORING COMMITTEE,
         (UNDER KERALA CONSERVATION OF PADDY LAND &
         WETLAND ACT, 2008), BALUSSERI VILLAGE,
         REPRESENTED BY ITS CONVENOR,
         THE AGRICULTURAL OFFICER,
         KRISHI BHAVAN, BALUSSERI P.O.,
         KOZHIKODE DISTRICT, PIN 673 612.
    3    THE VILLAGE OFFICER,
         BALUSSERI, BALUSSERI P.O.,
         KOZHIKODE DISTRICT, PIN - 673 612.
    4    THE TAHSILDAR,
         KOYILANDY TALUK, KOYILADY P.O.,
         KOZHIKODE DISTRICT, PIN - 673 305.


         BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18660/2022
                                       :2:




                           N. NAGARESH, J.

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                      W.P.(C) No.18660 of 2022

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                 Dated this the 7th day of July, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, who owns 20 Cents of land in

Balussery Village in Koyilandy Taluk, Kozhikode District, is

before this Court seeking to command respondents 1 and 4

to correct the petitioner's property's description as

'purayidam' in the Village registers. The petitioner also seeks

to direct the 2nd respondent to issue a certificate to the

petitioner stating that her piece of land is not included in the

Data Bank.

2. The petitioner states that she holds 20 Cents of

land in Re-survey Nos.28/26 and 28/27 of Balussery Village

in Koyilandy Taluk, Kozhikode District. According to the

petitioner, the land is 'purayidam' and it is mistakenly W.P.(C) No.18660/2022

described as wetland in the Village register. In the

Thandapper account, the petitioner's land is described as

'Nanja land'. The petitioner's land is surrounded by coconut

plantations of more than 30 years age. In the nearby land,

there are a number of houses constructed long ago. The

petitioner's land is not at all a paddy land or wetland. It is a

garden land.

3. The counsel for the petitioner argued that the

inaction of respondents 2 to 4 in considering Ext.P6

representation submitted by the petitioner and taking

appropriate action thereon, is illegal and arbitrary. The

petitioner is not at all responsible for her land being

described as wetland in Revenue records. In spite of the fact

that nearby properties were described as 'purayidam', the

respondents have not cared to correct the Land Records in

respect of the petitioner's land.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

W.P.(C) No.18660/2022

5. The petitioner contends that her land is garden

land. Nearby lands are residential properties. There are

coconut trees standing in the property, which were planted

more than 30 years ago. The petitioner seeks to correct the

Revenue records. It appears that the petitioner's land is

included in the Land Data Bank of paddy land / wetland.

6. From the pleadings, it emerges that the petitioner

has filed Ext.P8 application in Form-5 of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008

invoking Rule 4(d) of the Rules, 2008 seeking to remove the

petitioner's land from the Data Bank. The petitioner has also

filed Ext.P7 application in Form-6 invoking Rule 12(1) of the

Kerala Conservation of Paddy Land and Wetland Rules,

2008, seeking to change the nature of the land in Revenue

records.

7. Exts.P6 and P7 are applications made by the

petitioner invoking the provisions of the Kerala Conservation

of Paddy Land and Wetland Rules, 2008. As those

applications being of statutory nature, the Competent W.P.(C) No.18660/2022

Authority is bound to consider the applications in accordance

with law within a reasonable time.

In the facts and circumstances of the case, the

writ petition is disposed of directing the 1 st respondent to

ensure that the competent Revenue Divisional Officer under

him considers Exts.P7 and P8 applications submitted by the

petitioner and passes appropriate orders thereon, as

expeditiously as possible and at any rate, within a period of

three months.

Sd/-

N. NAGARESH, JUDGE aks/13.07.2022 W.P.(C) No.18660/2022

APPENDIX OF WP(C) 18660/2022

PETITIONER'S EXHIBITS

Exhibit P1 PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, BALUSSERI DATED 25.06.2021.

Exhibit P2              PHOTOSTAT COPY OF THE TAX RECEIPT
                        ISSUED    BY    THE    VILLAGE     OFFICER,
                        BALUSSERI DATED 21.06.2021
Exhibit P3              TRUE PHOTO OF THE PETITIONER'S SMALL
                        PIECE OF LAND.
Exhibit P4              PHOTOSTAT    COPY   OF    THE   THANDAPPER

ACCOUNT SHOWING THE PETITIONER'S TYPE OF PROPERTY AS `NANJHA' Exhibit P5 PHOTOSTAT COPY OF THE LAND IDENTIFICATION DETAILS GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.06.2021.

Exhibit P6 PHOTOSTAT COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.05.2022.

Exhibit P7 TRUE COPY OF THE APPLICATION FILED BEFORE THE RESPONDENT DATED 15/06/2022 Exhibit P8 PHOTOSTAT COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 25.6.2022