Kerala High Court
Nikhil C.R vs Revenue Divisional Officer 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. 17644 OF 2022
PETITIONER:
NIKHIL C.R,
AGED 33 YEARS,
S/O RAJEEV,
CHOONDAPURAKAL HOUSE,
KANIPAYYUR P O,
THRISSUR,
PIN - 680517.
BY ADVS.
SANTHEEP ANKARATH
ANJALI MENON
RESPONDENT:
REVENUE DIVISIONAL OFFICER,
THRISSUR,
REVENUE DIVISIONAL OFFICE,
AYYANTHOLE, THRISSUR, PIN - 680003.
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. 17644 OF 2022 2
JUDGMENT
Dated this the 1st day of June, 2022
The petitioner, who is the owner of 16.97 Ares of property
in Kunnamkulam Taluk of Kanipayyur Village in Thrissur District,
has approached this Court seeking to command the respondent to
consider and pass orders on Ext.P4 statutory Form 5 application
submitted by the petitioner expeditiously within a time limit to be
fixed by this Court.
2. The petitioner states that he owns 16.97 Ares of property
comprising in Survey No.195/6 of Kunnamkulam Taluk of
Kanipayyur Village in Thrissur District. Ext.P1 is the Basic Tax
Receipt. The land is described as paddy land in the Revenue
records. Therefore, the petitioner submitted Ext.P2 application in
Form 6 of the Kerala Conservation of Paddy Land and Wetland
Rules, 2008, seeking to change the nature of the land in Basic Tax
Register.
3. In the meanwhile, the respondent published Ext.P3 Data
Bank, wherein the land was included and described as paddy land.
Thereupon, the petitioner submitted Ext.P4 application for deleting
the petitioner's land from the Data Bank. The said application,
which was filed on 28.12.2021, has not been disposed of by the
respondent. The petitioner is, therefore, before this Court.
4. The learned Government Pleader entered appearance and
resisted the petition. The learned Government Pleader submitted
that Ext.P2 application can be considered only after the petitioner
getting the land deleted from the Data Bank. If the petitioner has
submitted Ext.P4 along with all supporting documents, the
respondent can consider the same in accordance with law.
5. I have heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondent.
6. The petitioner has submitted Ext.P4 application invoking
Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland
Rules, 2008. The application was submitted as early as on
28.12.2021. As Ext.P4 is a statutory application, the respondent is
legally bound to consider the same and pass orders thereon in
accordance with law within a reasonable time.
The writ petition is, therefore, disposed of directing the
respondent to consider Ext.P4, if the same is received supported by
all requisite documents, within a period of three months. If the land
is removed from Data Bank pursuant to Ext.P4 application, then the
respondent shall consider Ext.P2 application and pass appropriate
orders thereon, within a further period of three months, if Ext.P2 is
received along with all necessary supporting documents and is
pending.
Sd/-
N. NAGARESH, JUDGE
DSV/02.06.2022
APPENDIX OF WP(C) 17644/2022
PETITIONER'S EXHIBITS :
EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT NO.
KL08071503300/2021 DATED 4.10.2021 ISSUED
BY VILLAGE OFFICER, KANIPPAYYUR VILLAGE
CONCERNING PROPERTY OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF APPLICATION DATED 19.4.2021
IN FORM NO. 6 SUBMITTED BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF THE DATA
BANK PUBLISHED IN KERALA GAZETTE NO. 2983
AS PER NOTIFICATION NO.E2/727/21 DATED
3.9.2021 OF KUNNAMKULAM MUNICIPALITY.
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 28.12.2021
IN FORM NO. 5 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF REPORT OF THE AGRICULTURAL
OFFICER DATED 21.3.2022 ALONG WITH ITS
TYPED COPY.
RESPONDENT'S EXHIBITS: NIL
