Lyza @ Elizabeth James vs The District Collector
2023 Latest Caselaw 210 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023/16TH POUSHA, 1944
                        WP(C) NO. 351 OF 2023
PETITIONERS:

    1      LYZA @ ELIZABETH JAMES
           AGED 55 YEARS
           W/O. JACOB KOOLIYADAN,
           KOOLIYADAN HOUSE,
           MARKET ROAD,
           THRIPUNITHURA,
           ERNAKULAM,
           PIN - 680 301.
    2      CHINNAMMA JAMES
           AGED 80 YEARS
           W/O. LATE T.K JAMES,
           THOTTUPURAM HOUSE,
           UDHAYA ROAD,
           VYTTILA,
           ERANAKULAM,
           PIN - 682 019.

           BY ADVS.
           RENI JAMES
           T.A.MARY RINJU


RESPONDENTS:

    1      THE DISTRICT COLLECTOR,
           COLLECTORATE,
           FIRST FLOOR,
           CIVIL STATION,
           KAKKANAD,
           ERNAKULAM,
           PIN - 682 030.
    2      THE REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE,
           FIRST FLOOR,
           KB JACOB RD,
           FORT KOCHI,
           ERNAKULAM,
           PIN - 682 001.
    3      THE TAHSILDAR,
           KANAYANNUR, PARK AVENUE,
           NEAR SUBHASH PARK, MARINE DRIVE,
           ERNAKULAM, PIN - 682 011.
 WP(C).No.351 OF 2023

                               2

    4     THE AGRICULTURAL OFFICER,
          2ND FLOOR OF MINI CIVIL STATION,
          THRIPPUNITHURA,
          ERNAKULAM,
          PIN - 682 301.

          SMT. VIDYA KURIAKOSE - GP


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.351 OF 2023

                                 3




                           JUDGMENT

The petitioners are the owners and in possession

of 6.70 Ares of land comprised in Survey Nos.27/6 and

28/5 in Block No.362 of Thekkumbhagam Village,

Kanayannur Taluk in Ernakulam District. The petitioners

property is described as 'Nilam' in the Revenue

Records. According to the petitioners, the aforesaid

properties are lying as garden lands and not suitable

for paddy cultivation. The petitioners have filed Ext.P3

application (Form No.5) dated 23.11.2021 before the

2nd respondent/RDO under the Kerala Conservation of

Paddy Land and Wet Land Rules, 2008. The petitioners

are aggrieved by the delay in disposal of Ext.P3

application.

2. Heard the learned counsel for the petitioners

and the learned Government Pleader.

3. It is submitted by the learned counsel for the WP(C).No.351 OF 2023

petitioners that the Agricultural Officer has already

forwarded a copy of the report to the RDO.

4. Accordingly, there will be a direction to the 2 nd

respondent to consider Ext.P3 application in Form No.5

within a period of six weeks from the date of receipt of

the report from the Agricultural Officer.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.351 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 07.05.2022.

EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF THRIPUNITHURA MUNICIPALITY.

EXHIBIT P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 23.11.2021.

EXHIBIT P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 23.11.2022.

RESPONDENTS EXHIBITS: NIL.