Yousaf vs The District Collector
2022 Latest Caselaw 5898 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. 17520 OF 2022
PETITIONERS

     1        YOUSAF
              AGED 62 YEARS
              S/O.KUNJUMUHAMMED, PUTHIYAVEETTIL HOUSE,
              KUTTAMANGALAM P.O., KODUNGALLUR, THRISSUR - 680 702.
     2        USMAN
              AGED 60 YEARS
              S/O.KUNJUMUHAMMED, PUTHIYAVEETTIL HOUSE,
              KUTTAMANGALAM P.O., KODUNGALLUR, THRISSUR - 680 702.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, KAKKANAD,
              ERNAKULAM - 682 030.
     2        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
              FORT KOCHI, KOCHI - 682 001.
     3        THE TAHSILDAR
              ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION,
              CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA,
              ERNAKULAM - 683 101.
     4        THE VILLAGE OFFICER
              NEDUMBASSERY VILLAGE OFFICE, KARIYAD, MEKKAD,
              ERNAKULAM - 683 589.
     5        THE AGRICULTURAL OFFICER
              NEDUMBASSERY KRISHI BHAVAN, KARIYAD, MEKKAD,
              ERNAKULAM 683 589.
              SR.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.17520 OF 2022

                                       2




                              JUDGMENT

Dated this the 31st day of May, 2022

The petitioners state that they are owners of 17.50 Ares

of land in Nedumbassery Village in Aluva Taluk in Ernakulam

District, out of which the property of 0.33 Ares of land

comprised in Survey No. 376/21-2 is mentioned as

'Purayidom' and 17.17 Ares of land comprised in Survey

No.376/18 is mentioned as 'Nilam' in Revenue records. The

petitioners state that the property in fact is a garden land and

is not suitable for paddy cultivation. The petitioners therefore

submitted Ext.P3 application in Form 6 invoking Section 27A

of the Kerala Conservation of Paddy Land and Wetland Act,

2008 read with Rule 12(1) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008 (hereinafter referred to

as 'the Rules, 2008') before the 2nd respondent-Revenue

Divisional Officer. The 2nd respondent has not considered the

application so far.

WP(C) NO.17520 OF 2022

2. I have heard the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents.

3. The petitioners have preferred Ext.P3 application

invoking Rule 12(1) of the Rules, 2008. Ext.P3 is a statutory

application. Therefore, the competent authority is bound to

consider the same, in accordance with law and pass orders

thereon, within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 2nd respondent to consider and pass orders on

Ext.P3 application submitted by the petitioner, within a period

of four months, if the 2nd respondent has received Ext.P3

application supported by all relevant documents and

accompanied by payment of prescribed fee, if any.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.17520 OF 2022

APPENDIX OF WP(C) 17520/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01/03/2019.

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

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 07/04/2022 ALONG WITH SURVEY SKETCH. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 21/01/2022.