Umman Varkey vs Mauli District Collector Civil Station, Kakkanad, Ernakulam

C. S. Dias, J

The petitioner is the owner in possession of 9.54 Ares of land comprised in Sy. No.305/1-3 and 305/4-2 in Block No.7 of Kakkanad Village,

Kanayannur Taluk, Ernakulam District covered by Ext.P1.

The petitioner has averred in the writ petition that the abovesaid property is garden land and is not suitable for paddy cultivation. Nevertheless, the

property is included in the Data Bank as 'converted land/partly converted land'. The property is mentioned as 'Nilam' in the revenue records. The

petitioner has submitted Ext.P3 application before the 2nd respondent for removal of the entry from the 'Data Bank'. The petitioner has also preferred

Ext.P4 application before the 2nd respondent for changing the category of the above land. Nevertheless, the respondents have not taken any action on

Exts.P3 and P4 applications. Hence the writ petition.

Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.

The learned Government Pleader, on instructions, submitted that it is only after a decision is taken on Ext.P3 application can Ext.P4 application be

considered by the 2nd respondent. Hence a direction may only be issued to the 2nd respondent to consider Ext.P3 application within a time frame.

Taking note of the fact that the petitioner has preferred Ext.P3 application before the 2nd respondent as early as on 25.1.2021, I direct the 2nd

respondent to consider and dispose of Ext.P3 application, in accordance with law, as expeditiously as possible and at any rate within a periodÂ

of three months from the date of production of a copy of this judgment. It is made clear that the petitioner's right to pursue Ext.P4

application is left open.

The writ petition is ordered accordingly.