Jolly, vs District Collector,

JOLLY, vs District Collector,

Type Court Judgment Court Kerala Decided Oct 01, 2021

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https://sooperkanoon.com/case/1683369

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Citation: sooperkanoon.com/1683369
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Oct 01, 2021
Case Number: WP(C)/20739/2021

Parties & Advocates

Appellant / Petitioner

JOLLY,

Respondent

District Collector,

Excerpt

.....2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. according to the petitioner, the property is converted land and has been erroneously included in the data bank.2. having heard the learned government pleader also andwithout expressing any view on the merits of the matter, this writ petition is disposed of directing the 2nd respondent to initially consider ext.p5 application (form no.5), after obtaining and verifying the relevant materials and reports from the agricultural officer and to pass appropriate orders thereon within a period of two months from the date of receipt of a copy of this judgment. if orders are passed excluding theproperty from the data bank, then ext.p3 application (form no.6) shall also be taken up for consideration and appropriate orders shall be passed thereon within a period of three months thereafter. the rdo shall consider all relevant matters and shall obtain reports from the concerned village officer as well. this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 20739/2021 petitioner's/s exhibits:exhibit p1 true copy of the tax receipt dated 28/07/2020 exhibit p2 true copy of the extract of the data bank. exhibit p3 true copy of the application under form 6before the 2nd respondent dated 11/11/2020. exhibit p4 true copy of the challan evidencing payment of statutory fee dated 30/10/2020. exhibit p5 true copy of the application under form 5 before the 2nd respondent dated 07/01/2021. respondent's/s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 PETITIONER: JOLLY, AGED 59 YEARS W/O. JOSE, KUDIYIRUPPIL HOUSE, MATTUR, KALADI P.O., ALUVA, ERNAKULAM-683574. BY ADVS. N.KRISHNA RAJA MAULI N.G.ANITHA RESPONDENTS:
1 DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682021. 2 THE REVENUE DIVISIONAL OFFICER, K.B. JACOB ROAD, FORT KOCHI, ERNAKULAM-682001. 3 THE TAHSILDAR, ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA-683101. 4 THE VILLAGE OFFICER, MATTUR VILLAGE OFFICE, STATE HIGHWAY 1, MATTOOR, KALADY-683574. 5 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MATTOOR, KALADY-683574. SRI.APPU.P.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the owner in possession of 16.16 Ares of land in Survey No.225/9 in Block No.27 of Mattur Village in Aluva Taluk of Ernakulam District. The said property of the petitioner is a converted land and is not suitable for paddy cultivation. The petitioner confines his relief for an expeditious consideration of Exts.P5 and P3 applications in Form Nos.5 and 6 under the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. According to the petitioner, the property is converted land and has been erroneously included in the data bank.

2. Having heard the learned Government Pleader also and

without expressing any view on the merits of the matter, this writ petition is disposed of directing the 2nd respondent to initially consider Ext.P5 application (Form No.5), after obtaining and verifying the relevant materials and reports from the Agricultural Officer and to pass appropriate orders thereon within a period of two months from the date of receipt of a copy of this judgment. If orders are passed excluding the

property from the data bank, then Ext.P3 application (Form No.6) shall also be taken up for consideration and appropriate orders shall be passed thereon within a period of three months thereafter. The RDO shall consider all relevant matters and shall obtain reports from the concerned Village Officer as well. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 20739/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1                TRUE COPY OF THE TAX RECEIPT DATED 28/07/2020
Exhibit P2                TRUE COPY OF THE EXTRACT OF THE DATA BANK.
Exhibit P3                TRUE COPY OF THE APPLICATION UNDER FORM 6

BEFORE THE 2ND RESPONDENT DATED 11/11/2020. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 30/10/2020. Exhibit P5 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 07/01/2021. RESPONDENT'S/S EXHIBITS: NIL

Same Court & Year Kerala · 2021 Same Parties JOLLY, vs District Collector, Same Judge Honourable Mrs. Justice Anu Sivaraman