Annamma George vs The District Collector, Kottayam
2022 Latest Caselaw 5958 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. 17622 OF 2022
PETITIONER:

         ANNAMMA GEORGE,
         AGED 56 YEARS
         W/O.GEORGE, ALAPPATT HOUSE,
         ANGADIKKAVU, NEAR RAILWAY CROSS,
         PARAKKADAVU P.O., ANGAMALY,
         ERNAKULAM-683 572.

         BY ADVS.
         RENI JAMES
         BINIYAMIN K.S.
RESPONDENTS:

    1    THE DISTRICT COLLECTOR, KOTTAYAM,
         COLLECTORATE, KOTTAYAM-KUMILY ROAD,
         KOTTAYAM-686 002.
    2    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
         MINI CIVIL STATION, UNION CLUB ROAD,
         PUTHENANGADY, KOTTAYAM-686 001.
    3    THE TAHSIDLAR, CHANGANASSERY TALUK OFFICE,
         KACHERY ROAD, OPP. GOVERNMENT MODEL HSS,
         CHANGANASSERY, KOTTAYAM-686 101.
    4    THE VILLAGE OFFICER,
         MADAPPALLY VILLAGE OFFICE,
         CHANGANASSERY,M THENGANA,
         PERUMPANACHY, KOTTAYAM-686 536.
    5    THE AGRICULTURAL OFFICER,
         MADAPPALLY KRISHI BHAVAN,
         MADAPPALLY, KOTTAYAM-686 546.


         BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17622/2022
                                       :2:




                           N. NAGARESH, J.

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                      W.P.(C) No.17622 of 2022

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                Dated this the 31st day of May, 2022

                            JUDGMENT

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The petitioner, who is the owner in possession of

an extent of 4 Ares and 5 square metres of land comprised in

Survey No.242/1 in Block No.10 of Madappally Village,

Changanassery Taluk of Kottayam District, has approached

this Court seeking to direct the 5 th respondent to submit a

report to the 2nd respondent and to direct the 2 nd respondent

to consider and pass orders on Ext.P3 application within a

time frame.

2. The petitioner states that she is the absolute

owner in possession of 4 Ares and 5 square metres of land in

Survey No.242/1 in Block No.10 of Madappally Village of

Changanassery Taluk in Kottayam District. According to the W.P.(C) No.17622/2022

petitioner, the property is described as 'Nilam' in Revenue

records and is included in the Data Bank.

3. The petitioner would contend that the land is not

paddy land at all. The land is not suitable for paddy

cultivation either. Inclusion of the land in the Data Bank is

erroneous. Therefore, the petitioner submitted Ext.P3

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

Paddy Land and Wetland Rules, 2008. The respondents

have not considered her application so far.

4. The learned Government Pleader appeared in the

matter, representing the respondents and contested the writ

petition. The Government Pleader pointed out that though

the petitioner, as per Ext.P3 application, has sought to

remove 4 Ares and 5 square metres of land from the Land

Data Bank, the extent of property for the said Survey number

is 13.75 in Ext.P2 Data Bank. This Court is of the view that

this is a matter to be considered by the 2 nd respondent.

5. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the W.P.(C) No.17622/2022

respondents.

6. The petitioner, who is possessing land in

Madappally Village in Changanassery Taluk of Kottayam

District, has filed Ext.P3 application invoking Rule 4(d) of the

Kerala Conservation of Paddy Land and Wetland Rules,

2008. Ext.P3 being a statutory application, the competent

authority is bound to consider the application and pass

appropriate orders thereon within a reasonable time.

In such circumstances, the writ petition is

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

Form 5 application submitted by the petitioner, if the same is

received along with all supporting documents and paying

prescribed fee, if any. Orders in this regard shall be passed

within a period of three months.

Sd/-

N. NAGARESH, JUDGE aks/01.06.2022 W.P.(C) No.17622/2022

APPENDIX OF WP(C) 17622/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.02.2022.

Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK OF MADAPPALLY GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 05.04.2022.

Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 05.04.2022.