Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 WP(C) NO. 17081 OF 2023 PETITIONER: TOM ANTONY AGED 38 YEARS, S/O. ANTONY THOMAS, VILLA NO. 7, TENDER DROPS, MEGHA HABITAT, KANINAD P.O., MUVATTUPUZHA, ERNAKULAM,PIN - 682310 BY ADVS. SUKANYA S. SHAKTHI PRAKASH MUHASIN K.M. RESPONDENTS:
1 THE DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682 030 2 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR, MUVATTUPUZHA-PATTIMATTOM ROAD, MUVATTUPUZHA, PIN - 686673 3 THE TAHSILDAR KUNNATHUNADU TALUK OFFICE, POOPPANI ROAD, PERUMBAVOOR, ERNAKULAM, PIN - 683 543 4 THE AGRICULTURAL OFFICER PUTHENCRUZ KRISHI BHAVAN, PUTHENCRUZ, ERNAKULAM, PIN - 682 308
BY ADV DEVISREE.R- G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of May, 2023 The petitioner, who is owner of 2.69 Ares of land in Puthencruz Village of Kunnathunadu Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P3 application within a time frame to be fixed by this Court.
2. The petitioner states that he is owner of 2.69 Ares
of land situated in Survey Nos.56/16-2-2, 56/17-2-2, 56/17-3 and 56/2-3 in Block No.38 of Puthencruz Village of Kunnathunadu Taluk in Ernakulam District. The land is a garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is included in Data Bank and is described as 'Nilam' in Revenue records also.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P3 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 04.04.2023. The application is not disposed of so far. Unless the application is considered expeditiously, the petitioner will be put to untold hardship and loss, contends the petitioner.
4. The Government Pleader representing the
respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner, in the writ petition. The Government Pleader, however, submitted that since the petitioner has invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the application submitted by the petitioner can be considered by the competent authority in accordance with law, provided the
application is received, is complete in all respects and is supported by all necessary documents.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner is owner of 2.69 Ares of land situated
in Survey Nos.56/16-2-2, 56/17-2-2, 56/17-3 and 56/2-3 in Block No.38 of Puthencruz Village of Kunnathunadu Taluk in Ernakulam District. The land is included in the Data Bank of paddy land and wetland prepared under Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wetland Act, 2008. According to the petitioner, the land owned by him is neither paddy land nor wetland. The land is not suitable for paddy cultivation. The petitioner wants to use the land for other purposes and hence he has filed an application in Form-5 seeking to remove the land from Data Bank.
7. The Form-5 application has been filed by the
petitioner invoking his statutory right under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application being a statutory application, the competent authority has a legal duty to consider the application in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2nd respondent-Revenue Divisional Officer to consider Ext.P3 Form-5 application submitted by the petitioner if the same is received, supported by all requisite documents and paying prescribed fee, if any, and to pass orders thereon in accordance with law, within a period of three months.
Sd/- N.NAGARESH JUDGE ded APPENDIX OF WP(C) 17081/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.12.2022 Exhibit P2 TRUE COPY OF THE EXTRACT OF RELEVANT PAGES OF DRAFT DATA BANK OF VADAVUCODE - PUTHENCRUZ GRAMA PANCHAYAT DATED 23.02.2012 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 04.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 THE RECEIPT OF THE FEES FOR THE APPLICATION DATED 06.04.2023