Kerala High Court
Jayasree 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. 17538 OF 2022
PETITIONER
JAYASREE
AGED 55 YEARS
D/O.VIJAYAN, PARAYIL HOUSE, PUTHENVELIKKARA P.O.,
ERNAKULAM - 683 594 @ CHITTEKATTIL HOUSE,
POOPAPATHY, VTC, POYYA P.O., THRISSUR DT. - 680 733.
BY ADVS.
FRANKLIN ARACKAL
P.D.JAYAN MON
M.B.SOORI
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAM, DISTRICT COLLECTORATE, KAKKANAD P.O.,
ERNAKULAM, PIN - 682 030.
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE RDO, FORT KOCHI, PIN - 680 001.
3 THE TAHSILDAR
TALUK OFFICE, PARAVUR TALUK, NORTH PARAVUR,
ERNAKULAM DT., PIN - 683 513.
4 THE VILLAGE OFFICER
PUTHENVELIKKARA VILLAGE OFFICE, PUTHENVELIKKARA P.O.,
ERNAKULAM DT., PIN - 683 594.
5 THE LOCAL LEVEL MONITORING COMMITTEE
(UNDER KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT)
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PUTHENVELIKKARA P.O., NORTH PARAVUR,
ERNAKULAM DT., PIN - 683 594.
SRI.SYAMANTHAK BS 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.17538 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022
The petitioner, who is in possession of 5.26 Ares of land in
Survey No.371/19-4 of Puthenvelikkara Village, Paravur Taluk,
Ernakulam District, is before this Court seeking to direct the 2 nd
respondent to consider and pass orders on Ext.P7 to classify
the petitioner's land within a time frame.
2. The petitioner states that the petitioner is the owner
of 5.26 Ares of property in Survey No.371/9-4 of
Puthenvelikkara Village in Paravur Taluk. According to the
petitioner, the land is not a paddy land or wetland. The land
has been a garden land from time immemorial. There are
building constructions in the adjacent properties. In order to
utilise the land in a profitable way, the petitioner submitted
Ext.P7 application invoking the provisions of the Kerala
Conservation of Paddy Land and Wetland Act, 2008 and the
Rules framed thereunder. The 2nd respondent is not acting on
WP(C) NO.17538 OF 2022
the application.
3. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
4. After hearing the learned counsel for the petitioner
and the learned Government Pleader, this Court is of the view
that the writ petition can be disposed of directing the 2 nd
respondent to consider Ext.P7 application.
In such circumstances, the writ petition is disposed of
directing the 2nd respondent to consider and pass orders on
Ext.P7 application submitted by the petitioner, within a period
of four months, if the 2nd respondent has received Ext.P7
application supported by all relevant documents and
accompanied by payment of prescribed fee, if any.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.17538 OF 2022
APPENDIX OF WP(C) 17538/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.3849/1978
DATED 04/10/1978 OF SRO NORTH PARAVUR.
Exhibit P2 TRUE COPY OF THE REGISTERED WILL DEED
NO.71/2008 SRO CHENDAMANGALAM.
Exhibit P3 TRUE COPY OF THE LOCATION SKETCH DATED
11/5/2022 ISSUED BY VILLAGE OFFICER,
PUTHENVELIKKARA.
Exhibit P4 TRUE COPY OF THE UNDATED PHOTOGRAPH OF
THE PROPERTY.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK OF KRISHI BHAVAN (---)
PUTHENVELIKKARA.
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT DATED
5/5/2022 ISSUED FROM THE OFFICE OF
PUTHENVELIKKARA VILLAGE OFFICE
PERTAINING TO THE PERIOD 2022-2023.
Exhibit P7 TRUE COPY OF THE FORM 5 DATED 5/5/2022
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE RECEIPT EVIDENCING
PAYMENT OF RS.100/-.
