Kerala High Court
Jancy Francis vs The District Collector on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18486 OF 2022
PETITIONER
JANCY FRANCIS
AGED 59 YEARS
W/O. FRANCIS, NEELANKAVIL HOUSE, CHITTILAPPILLY P.O.,
CHITTILAPPILLY, THRISSUR-680551.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
THRISSUR - 680003.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION,
AYYANTHOLE, THRISSUR - 680003.
3 THE TAHSILDAR,
THRISSUR TALUK OFFICE, TOWN HALL, W PALACE ROAD,
CHEMBUKKAV, THRISSUR - 680020.
4 THE VILLAGE OFFICER,
CHITTILAPPILLY VILLAGE OFFICE, ANTHILAMKAVU TEMPLE
ROAD, CHITTILAPPILLY POST OFFICE, THRISSUR - 680551.
5 THE AGRICULTURAL OFFICER,
ADAT KRISHI BHAVAN, NAGAR BUS STAND, THRISSUR-680553.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.18486 OF 2022
2
JUDGMENT
Dated this the 8th day of June, 2022
The petitioner, who is owner of 22 Ares of land in
Chittilappilly Village in Thrissur Taluk of Thrissur District, has
filed this writ petition seeking to direct the 2 nd respondent to
dispose of Ext.P3 Form 5 application under Rule 4(d) of the
Kerala Conservation of Paddy Land and Wetland Rules, 2008,
within a time frame fixed by this Court.
2. The petitioner states that she is the owner of 22
Ares of land comprised in Survey Nos.276/2 and 276/3 of
Chittilappilly Village, Thrissur Taluk of Thrissur District. The
properties are mentioned as 'Nilam' in Revenue records and
are included in the Data Bank. The property is not paddy land
or wetland. The petitioner wanted to use the property for other
purposes.
3. The petitioner, therefore, submitted Ext.P3 Form 5
application before the 2nd respondent seeking removal of the
WP(C) NO.18486 OF 2022
entry of the properties from the Data Bank. Ext.P3 has not
been disposed of so far. Therefore, the petitioner is before this
Court.
4. The learned Government Pleader entered
appearance and contested the writ petition. The Government
Pleader controverted all material allegations made by the
petitioner in the writ petition. The Government Pleader,
however, submitted that since the petitioner has submitted
application invoking the provisions of the Kerala Conservation
of Paddy Land and Wetland Act, 2008 and the Rules made
thereunder, the application can be considered by the
Competent Authority, if the same is complete and supported
by all requisite documents.
5. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
6. The petitioner holds 22 Ares of land as evidenced
by Ext.P1. The petitioner has submitted Ext.P3 application
invoking Rule 4(d) of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The application is seen submitted
WP(C) NO.18486 OF 2022
on 07.04.2022. Ext.P3 being an application submitted
invoking the provisions of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008, the 2nd respondent is bound
to consider the same in accordance with law and pass
appropriate orders thereon within a reasonable time.
In the circumstances of the case, the writ petition is
disposed of directing the 2nd respondent to consider Ext.P3
application, if it is received along with all supporting
documents and paying the prescribed fee, if any, and to pass
appropriate orders thereon in accordance with law, within a
period of three months.
sd/-
N. NAGARESH
JUDGE
hmh
WP(C) NO.18486 OF 2022
APPENDIX OF WP(C) 18486/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
22.05.2020.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED
DATA BANK OF ADAT GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5
BEFORE THE 2ND RESPONDENT DATED 07.04.2022.
Exhibit P4 TRUE COPY OF THE PROOF EVIDENCING THE RECEIPT
OF THE APPLICATION DATED 08.04.2022.
