SYAMALA M. C. Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petition is filed to quash Ext.P5 order and direct the 2nd respondent to re-consider Ext. P3 application (Form 5) submitted under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).

(2.) The petitioner is the owner in possession of 6 Ares 72 Sq. meters of land comprised in Survey No. 145/1-6 of Nilambur Village, Nilambur Taluk, Malappuram District covered by Ext. P1 land tax receipt. The petitioner's property is a garden land. However, the respondents have erroneously classified the petitioner's property as 'Nilam' and included it in Ext. P2 data bank. In the said background, the petitioner had submitted Ext. P3 application to remove the property from the data bank. On the basis of the report of the 6th respondent, and without inspecting the property directly or calling for satellite images as envisaged under Rule 4(4f) of the Rules, the second respondent has erroneously passed Ext. P5 order. Hence, Ext. P5 is liable to be quashed.

(3.) Heard; the learned counsel for the petitioner and the learned Government Pleader.