Anandavalli vs The District Collector
2023 Latest Caselaw 13549 Ker

Kerala High Court

Anandavalli vs The District Collector on 21 December, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                        WP(C) NO. 42798 OF 2023
PETITIONER:

          ANANDAVALLI
          AGED 66 YEARS
          W/O. BALAKRISHNAN, KARTHIKA HOUSE, MUTTIL NORTH,
          MADAKKIMALA P.O., WAYANAD, PIN - 673121

          BY ADVS.
          FARHANA K.H.
          MUHASIN K.M.
          AMJATHA D.A.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, NORTH KALPETTA P.O.,
          WAYANAD, PIN - 673020

    2     THE REVENUE DIVISIONAL OFFICER
          MANANTHAVADY REVENUE DIVISIONAL OFFICE, GANDI PARK,
          MANANTHAVADY, WAYANAD, PIN - 670645

    3     THE TAHSILDAR
          VYTHIRI TALUK OFFICE, KUNNATHIDAVAKA,
          VYTHIRI WAYANAD, PIN - 673576

    4     THE AGRICULTURAL OFFICER
          MUTTIL KRISHI BHAVAN, KRISHI BHAVAN, MUTTIL SOUTH,
          MUTTIL, WAYANAD, PIN - 673122

    5     THE DIRECTOR
          KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
          VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033

          BY ADV
          GP - SYAMANTHAK B S
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42798 OF 2023
                                 2

                           JUDGMENT

The petitioner has approached this Court seeking following

reliefs:

"i) Issue a writ of mandamus or any other writ, order or direction to 2nd respondent to consider and pass order on Ext.P3 application within a time frame fixed by this Hon'ble Court.

ii) Issue a writ of mandamus or other writ, order or direction to the 4th respondent to submit a report to the 2nd respondent within a time frame fixed by the Hon'ble Court.

iii) Issue a writ of mandamus directing the 5 th respondent to file a report before the 2 nd and 4th respondent with regard to nature and lie of the petitioner's property in 2008.

iv) To dispense with the production of the translation of vernacular documents.

v) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The grievance highlighted by the petitioner is that, the WP(C) NO. 42798 OF 2023

property owned and possessed by the petitioner, was wrongly

included in the data bank prepared under the provisions of Kerala

Conservation of Paddy Land and Wetland Act. To rectify the

mistake the petitioner has submitted an application in Form 5 as

evidenced by Ext.P3. The same was received on file, on 04.11.2023

and the same is pending consideration before the 2 nd respondent.

The limited prayer sought is to direct the 2 nd respondent to pass

appropriate orders thereon.

After hearing all the parties concerned, this writ petition is

disposed directing the 2nd respondent to take up Ext.P3 and pass

appropriate orders thereon in accordance with law as expeditiously

as possible, within a period of five months from the date of receipt

of copy of this judgment. It is clarified that, it shall be open for the

petitioner to submit argument notes with necessary records in

support of her contentions.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 42798 OF 2023

APPENDIX OF WP(C) 42798/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 08.02.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK OF MUTTIL GRAMA PANCHAYATH Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 30.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 04.11.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION