Josekutty George vs The District Collector
2023 Latest Caselaw 13550 Ker

Kerala High Court

Josekutty George 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. 42936 OF 2023
PETITIONERS:

    1     JOSEKUTTY GEORGE
          AGED 64 YEARS
          S/O. P D VARKEY, KARIYIL HOUSE,
          LINK VILLAGE ROAD, KALOOR PO,
          ERNAKULAM, PIN - 682017

    2     SALIMMA JOSE
          AGED 58 YEARS
          W/O.JOSEKUTTY GEORGE, KARIYIL HOUSE,
          LINK VILLAGE ROAD, KALOOR P.O.,
          ERNAKULAM, PIN - 682017

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


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          FIRST FLOOR, CIVIL STATION, KAKKANAD,
          ERNAKULAM, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI REVENUE DIVISIONAL OFFICE,
          K B JACOB ROAD, FORT KOCHI,
          ERNAKULAM, PIN - 682001

    3     THE TAHSILDAR
          KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
          MARINE DRIVE, KOCHI, PIN - 682011

    4     THE AGRICULTURAL OFFICER
          VYTTILA KRISHI BHAVAN, 1ST FLOOR,
          KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
          SA ROAD, &, MAHAKAVI VAILOPPILLI ROAD,
          ERNAKULAM, PIN - 682019
 WP(C) NO. 42936 OF 2023
                                   2

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

            BY ADV
            GP SHYAMANTHAK 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. 42936 OF 2023
                                 3

                            JUDGMENT

The petitioners have 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 properties 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 petitioners is that, the

properties owned and possessed by the petitioners, were wrongly WP(C) NO. 42936 OF 2023

included in the data bank prepared under the provisions of Kerala

Conservation of Paddy Land and Wetland Act. To rectify the

mistake the petitioners have submitted an application in Form 5 as

evidenced by Ext.P3. The same was received on file, on 09.11.2023

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 six months from the date of receipt of

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

petitioners to submit argument notes with necessary records in

support of their contentions.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 42936 OF 2023

APPENDIX OF WP(C) 42936/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 29.09.2023 Exhibit 2 TRUE COPY OF THE RELEVANT PAGE OF PUBLISHED DATA BANK OF KOCHI MUNICIPAL CORPORATION DATED 22.02.2021 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 09.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 09.11.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION