Kerala High Court
Vijayan vs Sub Collector on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17752 OF 2022
PETITIONER:
VIJAYAN,
AGED 73 YEARS,
S/O. VADAKKOOTT RAVUNNI,
EZHUTTHACHAN, AGED 73 YEARS,
THRIKKANGODE AMSOM,
MANISSERI DESOM, P.O.MANISSERI,
OTTAPALAM TALUK, PALAKKAD DISTRICT-679 521.
BY ADV K.P.SHEREEF
RESPONDENTS:
1 SUB COLLECTOR,
OTTAPPALAM,
(SUB COLLECTOR & SUB DIVISIONAL MAGISTRATE),
R D O OFFICE, COURT ROAD,
P.O. OTTAPPALAM,
PALAKKAD DISTRICT, KERALA PIN: 679 101.
2 MIDHUN V. VIJAYAN,
AGED 40 YEARS,
S/O.VIJAYAN, THRIKKANGODE AMSOM,
MANISSERI DESOM, P.O.MANISSERI,
OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN-679 521.
3 NEPOLIYAN PAKKIRISWAMY,
AGED 53 YEARS,
S/O. PAKKIRISWAMY,
E-12/301, PATLIPUTRA LOKNAGARI
CO-OP. HOUSING SOCIETY, MIDC ROAD,
AMBERNATH (EAST), THANE (DIST),
MAHARASHTRA, PIN-421506.
SRI.SYAMANTHAK B.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.17752/2022
2
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner, who is owner of 20.65 Ares of
property in Vaniyamkulam Village in Ottappalam Taluk, has
approached this Court seeking to direct the 1 st respondent
to consider Ext.P5 Petition No.9/2022 expeditiously and
within a time frame to be fixed by this Court.
2. The petitioner states that he holds 20.65 Ares of
land in Survey No.129/10 of Vaniyamkulam Village in
Ottappalam Taluk. According to the petitioner, the land was
converted as a Garden Land prior to the enactment of the
Kerala Conservation of Paddy Land and Wetland Rules,
2008. The land was however mistakenly included in the
Data Bank.
WP(C)No.17752/2022
3. The petitioner submitted application and got the
land removed from the Data Bank. The possession
Certificate issued by the Village Officer would show that the
land is a dry land. However, the description of the land
remains to be Paddy Land, in the Basic Tax Register. The
petitioner, therefore, filed Ext.P5 application in Form 7. The
application was filed on 19.01.2022. The petitioner seeks
expeditious disposal of Ext.P5 application.
4. The Government Pleader entered appearance
and resisted the writ petition. The learned Government
Pleader, however, submitted that Ext.P5 being a statutory
application, if the same is received by the 1 st respondent, it
can be considered in accordance with law.
5. In view of the nature of the relief to be granted in
the writ petition, notice to respondents 2 and 3, who are co-
owners of the property in question, is dispensed with.
WP(C)No.17752/2022
6. After hearing the learned counsel for the
petitioner and the learned Government Pleader, this Court
is of the view that the writ petition can be disposed of
directing the 1st respondent to consider Ext.P5 application,
the same being one filed invoking Rule 12(1) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
The writ petition is therefore disposed of directing
the 1st respondent to consider Ext.P5 application, if the
same is received, complete in all respects and supported by
all necessary documents, within a period of three months.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)No.17752/2022
APPENDIX OF WP(C) 17752/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE JENM ASSIGNMENT DEED
NO. 4540/2012 OF SRO OTTAPPALAM DT.
05-10-2020.
Exhibit P2 TRUE COPY OF THE ORDER NO. 751/2020
DATED 27-11-2020.
Exhibit P3 TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE
VANIYAMKULAM 2 VILLAGE OFFICER ON
9-2-2022.
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT
ISSUED BY VANIYAMKULAM VILLAGE
OFFICER ON 11-5-2022.
Exhibit P5 TRUE COPY OF THE FORM 6 PETITION
FILED BY THE PETITIONER BEFORE THE
RESPONDENT ON 19-01-2022.
Exhibit P6 TRUE COPY OF THE REPORT OF THE
VILLAGE OFFICER, VANIYAMKULAM-II
DATED 09-02-2022.
SR
