Peradi Jayaprakash vs The District Collector
2022 Latest Caselaw 5889 Ker

                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. 5771 OF 2022
PETITIONERS:

             PERADI JAYAPRAKASH
             AGED 68 YEARS
             S/O. GOVINDANKUTTY NAIR, REVATHY, PARAMMAL ROAD,
             RAMANATTUKARA, KOZHIKODE - 673633.
             BY ADVS.
             N.KRISHNA RAJA MAULI
             RENI JAMES
             BINIYAMIN K.S.


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             KOZHIKODE COLLECTORATE, WAYAAD ROAD, CIVIL STATION,
             ERANHIPPALAM, KOZHIKODE - 673020.
     2       THE REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, CIVIL STATION JUMA MASJID,
             SH 29, ERANHIPPALAM, KOZHIKODE - 673020.
     3       THE TAHSILDAR
             KOZHIKODE TALUK OFFICE, WAYANAD ROAD, CIVIL STATION,
             ERANHIPPALAM, KOZHIKODE - 673020.
     4       THE VILLAGE OFFICER
             RAMANATTUKARA VILLAGE OFFICE, FEROKE COLLEGE ROAD,
             RAMANATTUKARA, KOZHIKODE - 673633.
     5       THE AGRICULTURAL OFFICER
             RAMANATTUKARA KRISHI BHAVAN, FEROKE COLLEGE ROAD,
             RAMANATTUKARA, KOZHIKODE - 673633.



             SMT.SURYA BINOY B - SR.GP


     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.5771 OF 2022
                                       2


                          JUDGMENT

Dated this the 31st day of May, 2022

The petitioner, who is holding 33.27 Ares of land in

Ramanattukara Village of Kozhikode Taluk, has filed this writ

petition seeking to direct the 2nd respondent to consider and

pass orders on Ext.P3 application within a time frame.

2. The petitioner states that he is the absolute owner of

33.27 Ares of land, out of which 14.16 Ares are comprised in

Survey No.341/156, 3.84 Ares of land comprised in Survey

No.341/157 and 15.27 Ares of land comprised in Survey

No.497/28 in Ramanattukara Village, Kozhikode Taluk of

Kozhikode District. The petitioner states that the properties in

Survey Nos.341/156 and 341/157 are mentioned as 'Nanja' and

the remaining property is described as 'Garden land' in the

Revenue records. The petitioner submitted Ext.P3 application

seeking to remove 3.84 Ares of land from the Data Bank.

Ext.P3 application has not been favourably considered by the

2nd respondent so far. It is in such circumstances that the WP(C) NO.5771 OF 2022

petitioner is before this Court.

3. The learned Government Pleader resisted the writ

petition. The Government Pleader pointed out that in the Data

Bank, an extract of which is produced as Ext.P2, the Survey

numbers differ. Furthermore, the petitioner is limiting his prayer

to 3.84 Ares. In view of the discrepancy in Survey numbers as

seen from Ext.P2, the matter requires verification. The

Government Pleader further pointed out that the land is

described as 'Wetland' in the Revenue records. Therefore,

necessary enquiries will have to be made and reports will have

to be obtained before taking a decision on Ext.P3 application.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. The petitioner holds 33.27 Ares of land in

Ramanattukara Village of Kozhikode Taluk. The petitioner has

invoked his statutory remedy and has filed Ext.P3 application

invoking Rule 4(d) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008. When such an application is made WP(C) NO.5771 OF 2022

invoking the provisions of statutory rules, the 2nd respondent is

bound to consider the application within a reasonable time. As

pointed out by the learned Government Pleader, if the land is

described as 'Wetland' in Revenue records and if the 2 nd

respondent requires reports from the competent officers, the 2 nd

respondent can always call for the same.

In the facts and circumstances of the case, the writ petition

is disposed of directing the 2nd respondent to consider Ext.P3

application submitted by the petitioner, if the application is

complete in all respects and supported by all requisite

documents and after paying prescribed fee, if any. Orders on

Ext.P3 shall be passed, if necessary, after obtaining reports

from competent subordinate officers, within a period of three

months.

sd/-

N.NAGARESH JUDGE

hmh WP(C) NO.5771 OF 2022

APPENDIX OF WP(C) 5771/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.09.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 08.12.2021.

Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 09.12.2021.