Jose , vs the District Collector,

JOSE , vs The District Collector,

Type Court Judgment Court Kerala Decided Jun 01, 2022

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Citation: sooperkanoon.com/1445918
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Jun 01, 2022
Case Number: WP(C)/2699/2022

Parties & Advocates

Appellant / Petitioner

JOSE ,

Respondent

The District Collector,

Excerpt

.....government pleader enteredappearance and resisted the writ petition. the learned government pleader pointed out that the extent of land in possession of the petitioner as reflected in ext.p1 under survey numbers differs from the extent of land sought to be removed through exts.p3 and p4 applications. the government pleader would further submit that the petitioner is in possession of other land and exts.p3 and p4 applications are made with an ulterior motive of fragmenting the land and convert the same. this court is of the viewthat these are all matters which the 2 nd respondent has to look into while considering the application. in the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to consider exts.p3 and p4 applications submitted by the petitioner invoking rule 4(d) of the kerala conservation of paddy land and wetland rules, 2008, if the applications are complete in all aspect and supported by the requisite documents. a decision on exts.p3 and p4 shall be passed within a period of three months. it is made clear that this court has not pronounced anything on the merit of the claim of the petitioner. sd/- n. nagaresh judge srappendix of wp(c) 2699/2022 petitioner's exhibits: exhibit p1 true copy of the tax receipt dated 21.04.2021. exhibit p2 true copy of the published data bank with regard to avannur grama panchayath. exhibit p3 true copy of the application under form 5 before the 2nd respondent dated 12.07.2021. exhibit p4 true copy of the application under form 5 before the 2nd respondent dated 12.07.2021.sr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 WP(C) NO. 2699 OF 2022 PETITIONER: JOSE, AGED 71 YEARS, S/O. KURIYAKKU, EDAKULATHUR HOUSE, POONKUNNAM, THRISSUR-680 002. BY ADVS. N.KRISHNA RAJA MAULI BINIYAMIN K.S. RENI JAMES RESPONDENTS:
1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003. 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, AYYANTHOLE, THRISSUR-680 003. 3 THE TAHSILDAR, TOWN HALL, W PALACE ROAD, CHEMBUKKAVU, THRISSUR-680 020. 4 THE VILLAGE OFFICER, AVANNUR VILLAGE OFFICE, KOTTEKKAD-MUNDUR ROAD, AVANNUR, THRISSUR-680 541. 5 THE AGRICULTURAL OFFICER, AVANNUR KRISHI BHAVAN, AVANNUR, THRISSUR 680 541. SMT.SURYA BINOY B., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of June, 2022 The petitioner, who is in possession of 28.52 Ares of land in Avannur Village of Thrissur Taluk, has approached this Court seeking to direct the 2 nd respondent to consider and pass orders on Exts.P3 and P4 applications within a time frame.

2. The petitioner states that he owns 28.52 Ares of

land, out of which 18.26 Ares of land is comprised in Survey No.74/1, 5.95 Ares of land in Survey No.74/3, 1.47 Ares of land comprised in Survey No.74/4 and 2.84 Ares of land comprised in Survey No.74/5 in Avannur Village.

3. The petitioner states that the land of the petitioner is a garden land. However, the land has been

erroneously included in the Land Data Bank. The petitioner, therefore, submitted Exts.P3 and P4 applications for removing the petitioner's land from the Data Bank. The applications were filed in the month of July, 2021. The 2 nd respondent has not taken a decision on Exts. P3 and P4 so far. It is aggrieved by the delay in processing the applications that the petitioner is before this Court.

4. The learned Government Pleader entered

appearance and resisted the writ petition. The learned Government Pleader pointed out that the extent of land in possession of the petitioner as reflected in Ext.P1 under Survey numbers differs from the extent of land sought to be removed through Exts.P3 and P4 applications. The Government Pleader would further submit that the petitioner is in possession of other land and Exts.P3 and P4 applications are made with an ulterior motive of fragmenting the land and convert the same. This Court is of the view

that these are all matters which the 2 nd respondent has to look into while considering the application. In the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to consider Exts.P3 and P4 applications submitted by the petitioner invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, if the applications are complete in all aspect and supported by the requisite documents. A decision on Exts.P3 and P4 shall be passed within a period of three months. It is made clear that this Court has not pronounced anything on the merit of the claim of the petitioner. Sd/- N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 2699/2022 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 21.04.2021. Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK WITH REGARD TO AVANNUR GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 12.07.2021. Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 12.07.2021.

Same Court & Year Kerala · 2022 Same Parties JOSE , vs The District Collector, Same Judge Honourable Mr.Justice N.Nagaresh