Kerala High Court
Kishore Joseph 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. 17792 OF 2022
PETITIONER
KISHORE JOSEPH
AGED 43 YEARS
S/O. C.D. JOSEPH, CHACKALAKKAL HOUSE, EDAMATTOMKARA,
EDAMATTOM P.O, POOVARANY, KOTTAYAM - 686578.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM - KUMILY ROAD, KOTTAYAM - 686002.
2 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM - 686001.
3 THE TAHSILDAR,
MEENACHIL TALUK OFFICE, MINI CIVIL STATION, GROUND FLOOR,
PALA RAMAPURAM ROAD, PALA, KOTTAYAM - 686577.
4 THE VILLAGE OFFICER,
POOVARANI VILLAGE OFFICE, PAIKA EDAMATTOM ROAD,
EDAMATTOM P.O, KOTTAYAM - 686578.
5 THE AGRICULTURAL OFFICER,
MEENACHIL KRISHI BHAVAN, MEENACHIL, KOTTAYAM - 686575.
SRI.SYAMANTHAK B S -GP
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.17792 OF 2022
2
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner, who is holding 24.68 Ares of land in
Poovarany Village, Meenachil Taluk in Kottayam District, has
filed this writ petition seeking to direct the 2 nd respondent to
consider and pass orders on Ext.P3 application within a time
to be fixed by this Court.
2. The petitioner states that he is the owner in
possession of 24.68 Ares of land comprised in Survey
No.134/4-2 in Poovarany Village, Meenachil Taluk in Kottayam
District. According to the petitioner, the property is a garden
land and is not suitable for paddy cultivation. However, the
property is recorded as paddy land in the Revenue records
and it has been included in the Data Bank also.
3. The petitioner therefore submitted Ext.P3
application invoking the provisions of the Kerala Conservation
of Paddy Land and Wetland Rules, 2008. The 2nd respondent
is bound to consider Ext.P3 application within a reasonable
WP(C) NO.17792 OF 2022
time, contends the petitioner.
4. The Government Pleader entered appearance and
resisted the writ petition. The Government Pleader pointed out
that in Ext.P3 Form 5 application, the Survey Number of the
property is shown as 134/4-2, whereas in Ext.P2 extract of
Data Bank, the Survey Number is shown as 134/4-1-A. The
learned counsel for the petitioner submitted that the Survey
Number shown in Ext.P2 extract of Data Bank is the old
Survey Number, which has been changed after re-survey.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
6. The petitioner is owner of 24.68 Ares of land in
Survey No.134/4-2 in Poovarany Village. Ext.P1 is the tax
receipt in respect of the land. The petitioner has invoked Rule
4(d) of the Kerala Conservation of Paddy Land and Wetland
Rules, 2008 and submitted Ext.P3 application. Ext.P3
application seeking removal of the petitioner's land from Data
WP(C) NO.17792 OF 2022
Bank, is a statutory application. Therefore, the 2nd respondent
is legally 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 Form 5
application submitted by the petitioner, if it is complete in all
respects and is supported by all requisite documents and pass
appropriate orders thereon, within a period of three months.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.17792 OF 2022
APPENDIX OF WP(C) 17792/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
21.04.2021.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION
EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM
5 BEFORE THE 2ND RESPONDENT DATED
08.04.2022.
Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE
APPLICATION DATED 12.04.2022.
