Kerala High Court
Vijayamma vs District 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. 15106 OF 2022
PETITIONER:
VIJAYAMMA,
AGED 63 YEARS,
W/O. BHASKARA PANICKER,
ALEKUNNEL HOUSE,
AKALAKKUNNAM,
KOTTAYAM - 686 564.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
REHNA N.S.
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE,
KOTTAYAM - KUMILY RD,
KOTTAYAM - 686002.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
SECOND FLOOR,
MINI CIVIL STATION,
UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM - 686001.
3 THE TAHSILDAR,
KOTTAYAM TALUK OFFICE,
FIRST FLOOR, MINI CIVIL STATION,
UNION CLUB ROAD,
PUTHENANGADY,
KOTTAYAM - 686001.
4 THE VILLAGE OFFICER,
AKALAKKUNNAM VILLAGE OFFICE,
POOVATHILAPPU,
MANALUNKAL P.O.,
KOTTAYAM - 686 503.
WP(C)No.15106/2022
2
5 THE AGRICULTURAL OFFICER,
AKALAKKUNNAM KRISHI BHAVAN,
POOVATHILAPPU,
MANALUNKAL P.O.,
KOTTAYAM - 686 503.
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.15106/2022
3
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner, who is in possession of 3.24 Ares
of land in Akalakkunnam Village of Kottayam Taluk, has
approached this Court seeking to direct the 2 nd respondent
to consider and pass orders on Ext.P3 application within a
time frame fixed by this Court.
2. The petitioner states that she is the owner of
3.24 Ares of land comprised in Survey No.267/11 in Block
No.044 of Akalakkunnam Village, Kottayam Taluk of
Kottayam District. The petitioner submits that her property
is Garden Land. However, the land is described as Paddy
Land in Revenue records. The land is also included in the
Land Data Bank prepared under the provisions of the
WP(C)No.15106/2022
Kerala Conservation of Paddy Land and Wetland Act, 2008
and the Rules made thereunder. The petitioner, therefore,
submitted Ext.P3 application to remove her land from the
Data Bank, invoking the provisions of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008. The
petitioner seeks appropriate direction to the 2 nd respondent
for early disposal of Ext.P3.
3. The learned Government Pleader entered
appearance and resisted the writ petition. The learned
Government Pleader pointed out that in Ext.P3, an extent of
land under Survey No.267/11 is recorded as 3.24 Ares
whereas in Ext.P2 Data Bank, an extent of land in Survey
No.267/11 is 14.98 Ares. This requires an explanation,
contended the learned Government Pleader.
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader
representing the respondents.
WP(C)No.15106/2022
5. If there is any misdescription of land, Survey
numbers, etc. in Ext.P3, it is for the 2nd respondent to call
for explanation regarding that. As far as the petitioner is
concerned, she has submitted Ext.P3 application invoking
Rule 4(d) of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008. Ext.P3 being a statutory application,
the 2nd respondent is bound to consider the same and pass
orders thereon within a reasonable time.
In the circumstances, the writ petition is disposed
of directing the 2nd respondent to consider Ext.P3
application, if it is received and complete in all respects,
with all supporting documents. A decision on Ext.P3 shall
be taken within a period of three months.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)No.15106/2022
APPENDIX OF WP(C) 15106/2022
PETITIONER's EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
14.8.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE
PUBLISHED DATA BANK OF AKALAKKUNNAM
GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER
FORM 5 BEFORE THE 2ND RESPONDENT
DATED 24.2.2022.
Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF
THE APPLICATION DATED 25.2.2022.
SR
