Indira vs The District Collector ...
2023 Latest Caselaw 5718 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                    WP(C) NO. 15661 OF 2023
PETITIONER/S:

           INDIRA,
           AGED 52 YEARS
           D/O. ALAPPUKATTIL UNNIKRISHNAN, ALAPPUKATTIL
           HOUSE, THEYYANGAD PONNANI SOUTH, MALAPPURAM,
           KERALA,, PIN - 679577

           BY ADVS.
           SHERRY J. THOMAS
           JOEMON ANTONY
           ANTONY NILTON REMELO



RESPONDENT/S:

    1      THE DISTRICT COLLECTOR MALAPPURAM
           COLLECTORATE ROAD, UPHILL MALAPPURAM, KERALA, PIN
           - 676505

    2      THE REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE, TIRUR - THRIKKANDIYOOR
           ROAD, TIRUR, KERALA, PIN - 676101

    3      THE TAHSILDAR,
           PONNANI TALUK OFFICE, OLD NH 17, MALAPPURAM,
           PONNANI, KERALA, PIN - 679577

    4      THE VILLAGE OFFICER
           THE VILLAGE OFFICER, EZHUVATHIRUTHI VILLAGE
           OFFICE, SUGAPURAM, PONNANI, MALAPPURAM, KERALA.,
           PIN - 676579

    5      THE AGRICULTURAL OFFICER,
           KRISHIBHAVAN EZHUVATHIRUTHI, PONNANI P.O.,
           MALAPPURAM DISTRICT, KERALA, PIN - 679577
 WP(C) NO. 15661 OF 2023

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    6       THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED
            BY THE AGRICULTURAL OFFICER
            THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED
            BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN
            EZHUVATHIRUTHI, PONNANI P.O., MALAPPURAM DISTRICT,
            KERALA, PIN - 679577

            SRI.RIYAL DEVASSY, GOVT. PLEADER


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   16.05.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15661 OF 2023

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                  SHOBA ANNAMMA EAPEN, J.
           ------------------------------------
                  WP(C) NO. 15661 OF 2023
          -------------------------------------
           Dated this the 16th day of May, 2023


                     J U D G M E N T

The petitioner obtained 3.18 Ares of land

comprising in Sy.No.75/2-14 in block No.9 of

Ezhuvathiruthi Village of Ponnani Taluk of

Malappuram District. The petitioner confines her

prayer for an expeditious consideration of Ext.P3

application in Form No.5 under the proviso to Rule

4(d) of the Kerala Conservation of Paddy land and

Wetland Rules, 2008, seeking to convert the nature of the petitioner's property in the revenue

records. According to the petitioner, the said

land was converted to dry land about 30 years back

and the surrounding lands are also dry lands with

commercial and residential buildings.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader. WP(C) NO. 15661 OF 2023

3. In the facts and circumstances of the case

and having regard to the submissions made across

the Bar and without expressing any view on the

merits of the matter, this writ petition is

disposed of directing the RDO/2nd respondent to

consider Ext.P3 application (Form No.5), 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 three months from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE jg WP(C) NO. 15661 OF 2023

APPENDIX OF WP(C) 15661/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED FROM THE OFFICE OF 4TH RESPONDENT DATED 1.4.2023

Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE OFFICE OF 4TH RESPONDENT DATED 10.4.2023

Exhibit P3 THE TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 4-3-

Exhibit P3A THE TRUE COPY OF THE PAYMENT RECEIPT DATED 4-3-2023