Kerala High Court
Jose vs The 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. 2699 OF 2022
PETITIONER:
JOSE,
AGED 71 YEARS,
S/O. KURIYAKKU,
EDAKULATHUR HOUSE,
POONKUNNAM, THRISSUR-680 002.
BY ADVS.
N.KRISHNA RAJA MAULI
BINIYAMIN K.S.
RENI JAMES
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION,
AYYANTHOLE, THRISSUR-680 003.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
AYYANTHOLE, THRISSUR-680 003.
3 THE TAHSILDAR,
TOWN HALL, W PALACE ROAD,
CHEMBUKKAVU, THRISSUR-680 020.
4 THE VILLAGE OFFICER,
AVANNUR VILLAGE OFFICE,
KOTTEKKAD-MUNDUR ROAD,
AVANNUR, THRISSUR-680 541.
5 THE AGRICULTURAL OFFICER,
AVANNUR KRISHI BHAVAN,
AVANNUR, THRISSUR 680 541.
SMT.SURYA BINOY B., SR.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.2699/2022
2
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner, who is in possession of 28.52
Ares of land in Avannur Village of Thrissur Taluk, has
approached this Court seeking to direct the 2 nd respondent
to consider and pass orders on Exts.P3 and P4 applications
within a time frame.
2. The petitioner states that he owns 28.52 Ares of
land, out of which 18.26 Ares of land is comprised in Survey
No.74/1, 5.95 Ares of land in Survey No.74/3, 1.47 Ares of
land comprised in Survey No.74/4 and 2.84 Ares of land
comprised in Survey No.74/5 in Avannur Village.
3. The petitioner states that the land of the
petitioner is a garden land. However, the land has been
WP(C)No.2699/2022
erroneously included in the Land Data Bank. The
petitioner, therefore, submitted Exts.P3 and P4 applications
for removing the petitioner's land from the Data Bank. The
applications were filed in the month of July, 2021. The 2 nd
respondent has not taken a decision on Exts. P3 and P4 so
far. It is aggrieved by the delay in processing the
applications that the petitioner is before this Court.
4. The learned Government Pleader entered
appearance and resisted the writ petition. The learned
Government Pleader pointed out that the extent of land in
possession of the petitioner as reflected in Ext.P1 under
Survey numbers differs from the extent of land sought to be
removed through Exts.P3 and P4 applications. The
Government Pleader would further submit that the petitioner
is in possession of other land and Exts.P3 and P4
applications are made with an ulterior motive of fragmenting
the land and convert the same. This Court is of the view
WP(C)No.2699/2022
that these are all matters which the 2 nd respondent has to
look into while considering the application.
In the facts and circumstances of the case, the
writ petition is disposed of directing the 2 nd respondent to
consider Exts.P3 and P4 applications submitted by the
petitioner invoking Rule 4(d) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008, if the applications
are complete in all aspect and supported by the requisite
documents. A decision on Exts.P3 and P4 shall be passed
within a period of three months. It is made clear that this
Court has not pronounced anything on the merit of the claim
of the petitioner.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)No.2699/2022
APPENDIX OF WP(C) 2699/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
21.04.2021.
Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK
WITH REGARD TO AVANNUR GRAMA
PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER
FORM 5 BEFORE THE 2ND RESPONDENT
DATED 12.07.2021.
Exhibit P4 TRUE COPY OF THE APPLICATION UNDER
FORM 5 BEFORE THE 2ND RESPONDENT
DATED 12.07.2021.
SR
