Abdul Rasheed vs The District Collector
2022 Latest Caselaw 5892 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. 22033 OF 2021
PETITIONER:

            ABDUL RASHEED,
            AGED 67 YEARS,
            S/O. ABDUL MAJEED,
            PALIYEKKANDI HOUSE,
            KALOOR P.O.,
            PERANDOOR, ERNAKULAM 682 017.

            BY ADVS.
            N.KRISHNA RAJA MAULI
            N.G.ANITHA


RESPONDENTS:

    1       THE DISTRICT COLLECTOR,
            CIVIL STATION, KAKKANAD,
            ERNAKULAM-682 030.

    2       THE REVENUE DIVISIONAL OFFICER,
            K B JACOB ROAD, FORT KOCHI,
            ERNAKULAM 682 001.

    3       THE TAHASILDAR,
            PARAVUR TALUK OFFICE,
            FIRST FLOOR, POLICE STATION ROAD,
            NORTH PARAVUR 683 513.

    4       THE VILLAGE OFFICER,
            PUTHENVELIKKARA VILLAGE OFFICE,
            THURUTHIPURAM EAST,
            PUTHENVELIKKARA 683 594.

    5       THE AGRICULTURAL OFFICER,
            KUNNUKARA KRISHI BHAVAN,
            KUNNUKARA P.O., ERNAKULAM 683 578.

            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.22033/2021

                                   2




                            JUDGMENT

Dated this the 31st day of May, 2022

The petitioner, who claims to be owner of 22.25

Ares of land, is before this Court seeking to direct the 2 nd

respondent to consider and pass orders on Exts.P3 and P5

applications submitted by the petitioner.

2. The petitioner states that he owns a total of

22.25 Ares of land comprising of 8.09 Ares of land in Survey

No.60/1A and 14.16 Ares in Survey No.60/1B-2 of

Puthanvelikkara Village in Paravur Taluk of Ernakulam

District. The property is included in the Data Bank as

Paddy Land.

3. According to the petitioner, the land is a

converted land and cannot be utilised as a Paddy Land. WP(C)No.22033/2021

However, in the Revenue Records, the land continues to be

described as 'Nilam'. The petitioner, therefore, submitted

Ext.P3 Form 7 application for changing the nature of an

extent of 20.02 Ares, after setting apart 2.23 Ares of the

property for water conservancy measures as required under

Section 27 A (2).

4. The authorities insisted that a Form 5 application

is required for removal of entry from Data Bank of converted

land. Therefore, the petitioner submitted Form 5 application

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

Land and Wetland Rules, 2008.

5. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondents.

6. Ext.P5 is the Form 5 application submitted by the

petitioner for removing 20.02 Ares of land from the Land

Data Bank. Ext.P6 is the rectified Form 7 application WP(C)No.22033/2021

submitted by the petitioner. As Exts.P5 and P6 have been

filed invoking the provisions of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008, the 2nd respondent is

duty bound to consider the same in accordance with law,

within a reasonable period.

In the circumstances, the writ petition is disposed

of directing the 2nd respondent to consider Exts.P5 and P6

applications, if they are complete in all respects, supported

by requisite documents and paying prescribed fee, if any,

and pass appropriate orders on the applications within a

period of five months.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.22033/2021

APPENDIX OF WP(C) 22033/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATE 06.11.2020.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATE BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 7 BEFORE THE 2ND RESPONDENT DATED 07.12.2020.

Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 18.11.2020.

Exhibit P5 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 19.04.2021.

Exhibit P6 TRUE COPY OF THE RECTIFICATION FORM 7 ALONG WITH THE COVERING LETTER DATED 20/01/2022.