Shantha Jayapalan vs The District Collector
2023 Latest Caselaw 4638 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                      WP(C) NO. 13153 OF 2023
PETITIONER:
          SHANTHA JAYAPALAN
          AGED 76 YEARS
          W/O K. JAYAPALAN, AREKANDETH, WEST HILL, NADAKAVU
          P.O,KOZHIKODE, PIN - 673 020.

          BY ADVS.
              N.KRISHNA RAJA MAULI
              BINIYAMIN K.S.

RESPONDENTS:
    1     THE DISTRICT COLLECTOR
          COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
          ERANHIPPALAM, KOZHIKODE, PIN - 673 020.

    2     THE REVENUE DIVISIONAL OFFICER
          KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
          ERANHIPPALAM, KOZHIKODE, PIN - 673 020.

    3     THE TAHSILDAR
          KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD,
          ERANHIPPALAM, KOZHIKODE, PIN - 673 020.

    4     THE VILLAGE OFFICER
          VENGERI VILLAGE OFFICE, CIVIL STATION, VENGERI
          KOZHIKODE, PIN - 673 020.

    5     THE AGRICULTURAL OFFICER
          PUTHIYARA KRISHIBHAVAN PUTHIYARA, KOZHIKODE, PIN -
          673 004.

    6     KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
          REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
          BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
          KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANTHAPURAM,
          PIN - 695 033.
 W.P.(C)No.13153 of 2023           2

OTHER PRESENT:
             SRI.APPU.P.S-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13153 of 2023                    3

                                JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 27 Ares 18.21 Sq.m of land in

Survey No.53/15 in Block No.001 of Vengeri Village in Kozhikode Taluk of

Kozhikode District. The petitioner confines her relief for an expeditious

consideration of Ext.P3 application in Form No.5 under the proviso to Section

5(4) of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking

deletion of entry relating to the subject property from the data bank. According

to the petitioner, the property is a graden land and has been erroneously included

in the data bank.

2. Having heard the learned Government Pleader also and without

expressing any view on the merits of the matter, this writ petition is disposed of

directing the 2nd respondent to consider Ext.P3 application, after obtaining all

necessary inputs including the report of the Agricultural Officer and to pass

appropriate orders thereon. The entire proceedings shall be completed within a

period of two months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE AMR

APPENDIX OF WP(C) 13153/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 02.04.2022.

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE DRAFT DATABANK OF THE VENGERI VILLAGE ISSUED BY THE 5TH RESPONDENT DATED NIL.

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 02.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.