Muhammed Shafin vs The District Collector
2022 Latest Caselaw 5891 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. 12858 OF 2022
PETITIONERS:

     1       MUHAMMED SHAFIN,
             AGED 37 YEARS
             S/O.KOYATHEEN, TWINS MAHAL, NARIKKUNI, KOZHIKODE-673 785.
     2       MUHAMMED SHENIM,
             S/O.KOYATHEEN, TWINS MAHAL, NARIKKUNI, KOZHIKODE-673 785.
             BY ADVS.
             N.KRISHNA RAJA MAULI
             RENI JAMES
             BINIYAMIN K.S.


RESPONDENTS:

     1       THE DISTRICT COLLECTOR,
             COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
             ERANHIPPALAM, KOZHIKODE - 673 020.
     2       THE REVENUE DIVISIONAL OFFICER,
             KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
             ERANHIPPALAM, KOZHIKODE-673 0202.
     3       THE TAHSILDAR,
             THAMARASSERY TALUK OFFICE, THAMARASSERY,
             KOZHIKODE-673 573.
     4       THE VILLAGE OFFICER,
             NARIKKUNI VILLAGE OFFICE, NARIKUNI P.O.,
             KOZHIKODE-673 585.
     5       THE AGRICULTURAL OFFICER,
             NARIKKUNI KRISHI BHAVAN, NARIKUNI P.O.,
             KOZHIKODE-673 585.


             SRI.SYAMANTHAK B S, 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.12858 OF 2022
                                          2




                               JUDGMENT

Dated this the 31st day of May, 2022

The petitioners, who are owners of 5 Ares and

50.4 Square Meters of land in Narikkuni Village in

Thamarassery Taluk of Kozhikode District, have approached

this Court, seeking to direct the 2nd respondent to consider

Ext.P3 application within a time frame.

2. The petitioners state that they are in possession of 5

Ares and 50.4 Square Meters of land in Survey No.242/123 of

Narikkuni Village in Thamarassery Taluk of Kozhikode District.

The land is described as 'Nilam' in Revenue records.

3. The petitioners would submit that the property is not

suitable for paddy cultivation and is lying as a converted land

for long. Unfortunately, the land was included in the Data Bank,

as can be seen from Ext.P2. The petitioners' land is not a

cultivable land, contend the petitioners. Therefore, the

petitioners submitted an application invoking Rule 4(d) of the WP(C) NO.12858 OF 2022

Kerala Conservation of Paddy Land and Wetland Rules, 2008,

before the 2nd respondent seeking to remove the land from the

Data Bank. The application has not been positively considered

so far.

4. The learned Government Pleader entered

appearance and contested the writ petition. The learned

Government Pleader pointed out that in Ext.P3 application, the

petitioners have sought to remove land to the extent of 5.50

Ares. Ext.P1 receipt would show that the total extent of land in

question is 5 Ares and 50.4 Square Meters. This discrepancy

will have to be looked into, contented the learned Government

Pleader.

5. Heard the learned counsel for the petitioners and the

learned Government Pleader representing the respondents.

6. The petitioners are owners of 5 Ares and

50.4 Square Meters of land in Narikkuni Village in

Thamarassery Taluk. The land is included in Data Bank.

According to the petitioners, the land is not a cultivable land and WP(C) NO.12858 OF 2022

will not fall under the definition of either paddy land or wetland.

In such circumstances,the petitioners preferred Ext.P3

application invoking Rule 4(d) of the Kerala Conservation of

Paddy Land of Wetland Rules, 2008.

7. Since Ext.P3 application submitted by the petitioners

is invoking the provisions of the Kerala Conservation of Paddy

Land and Wetland Act, 2008 and the Rules made thereunder,

the 2nd respondent is bound to consider the application and

pass appropriate orders thereon within a reasonable time.

The writ petition is, therefore, disposed of directing the 2 nd

respondent to consider Ext.P3 application submitted by the

petitioners, if it is complete in all respects, supported by all

requisite documents and is made after paying the prescribed

fee, if any. Orders on Ext.P3 shall be passed within a period of

three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.12858 OF 2022

APPENDIX OF WP(C) 12858/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 31.08.2021.

Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK ISSUED BY THE NARIKKUNI GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 05.01.2022.