Kerala High Court
Muhammed Rinshal C.K vs The District Collector on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 14397 OF 2022
PETITIONER:
MUHAMMED RINSHAL C.K.,
AGED 20 YEARS,
S/O C.K.NAVAS,
CHUNUDUKUNNUMEL HOUSE,
PERUMBILLY, KERALA-673586.
BY ADV SRI.SHERRY J. THOMAS
SRI.JOEMON ANTONY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE DISTRICT,
KERALA-673020.
2 THE RDO,
CIVIL STATION, ERANHIPPALAM,
KOZHIKODE DISTRICT, KERALA-673020.
3 THE TAHSILDAR,
THAMARASSERY TALUK OFFICE, THAMARASSERY,
KOZHIKODE DISTRICT, KERALA-673615.
4 THE VILLAGE OFFICER,
ENGAPUZHA VILLAGE OFFICE, KEDAVUR,
KOZHIKODE DISTRICT, KERALA-673615.
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN PUDUPPADI,
PERUMPALLY.P.O., KERALA-673586.
6 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, KRISHIBHAVAN PUDUPPADI,
PERUMPALLY P.O, KERALA-673586.
SMT.SURYA BINOY B., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.14397/2022
2
JUDGMENT
Dated this the 31st day of May, 2022
The petitioner has approached this Court seeking
to direct the 2nd respondent to complete the proceedings
pursuant to Ext.P4 application submitted by the petitioner
invoking Rule 12(1) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008.
2. The petitioner, who is holding 3.44 Ares of
property in Survey No.62/16 in Engapuzha Village of
Thamarassery Taluk, Kozhikode District, has filed Ext.P4
application in Form 6 of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008 seeking to make necessary
changes in the Basic Tax Register. According to the
WP(C)No.14397/2022
petitioner, his property is a Garden Land and it has been
erroneously described as Paddy Land in the Revenue
Records. Therefore, the 2nd respondent is bound to
consider Ext.P4 application submitted by the petitioner and
make necessary changes in the Basic Tax Register.
3. The learned Government Pleader entered
appearance and resisted the writ petition. The learned
Government Pleader pointed out that the land is already
included in Ext.P3 Data Bank and therefore unless the land
is deleted from the Data Bank invoking the provisions of the
Rules, 2008, a Form 6 application cannot be considered.
To the said argument, the learned counsel for the petitioner
submitted that the petitioner is ready and willing to file an
application under Form 5 for removing the land in question
from Ext.P3 Data Bank.
In view of the submissions made as above, the
writ petition is disposed of granting liberty to the petitioner to
WP(C)No.14397/2022
prefer Form 5 application to the 2 nd respondent for
removal/deletion of the land from the Land Data Bank. If the
petitioner prefers such a Form 5 application, the 2 nd
respondent will consider such Form 5 application and take
decisions on Form 5 and Form 6 applications submitted by
the petitioner, as expeditiously as possible.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C)No.14397/2022
APPENDIX OF WP(C) 14397/2022
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE TITLE DEED NO
2616/2021 DATED 05/10/2021.
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT
ISSUED FROM THE 4TH RESPONDENT OFFICE
DATED 17/11/2021.
Exhibit P2A THE TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED FROM THE 4TH
RESPONDENT OFFICE DATED 02/12/2021.
Exhibit P3 THE TRUE COPY OF THE DATA BANK
RELEVANT PAGES ISSUED FROM THE 5TH
RESPONDENT OFFICE DATED 23/11/2021.
Exhibit P4 THE TRUE COPY OF THE FORM NO.6
SUBMITTED BY THE PETITIONER TO 2ND
RESPONDENT RDO DATED 16/02/2022.
Exhibit P4A THE TRUE COPY OF THE RECEIPT DATED
16/02/2022.
