Aboobacker vs the Revenue Divisional Officer/ Sub Collector

Aboobacker vs The Revenue Divisional Officer/ Sub Collector

Type Court Judgment Court Kerala Decided Jul 27, 2023

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Citation: sooperkanoon.com/1377721
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Jul 27, 2023
Case Number: WP(C)/24562/2023

Parties & Advocates

Appellant / Petitioner

Aboobacker

Respondent

The Revenue Divisional Officer/ Sub Collector

Excerpt

.....paddy cultivation either. however, the land is included in data bank and is described as paddy land in revenue records also.3. the petitioner’s son wants to use the land for other purposes. hence, he filed ext.p2 application in form-5, invoking rule 4(4d) of the kerala conservation of paddy land and wetland rules, 2008. the application was filed on 11.07.2023. unless the application is considered expeditiously, the petitioner’s son will be put to untold hardship and loss, contends the petitioner.4. the government pleader representing therespondents 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’s son 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’s son 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’s son is owner of 6.20 ares of landsituated in survey no.249/2-18 of block no.7 of ezhuvathiruthy village, ponnani taluk in malappuram 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 his son is neither paddy land nor wetland. the land is not suitable for paddy cultivation. the petitioner’s son 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’s son invoking his statutory right under rule 4(4d) of the kerala conservation of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF JULY 2023 / 5TH SRAVANA, 1945 WP(C) NO. 24562 OF 2023 PETITIONER: ABOOBACKER AGED 53 YEARS S/O. BAPPU, KATTILA VALAPPIL HOUSE, KARUKATHIRUTHY P O, PONNANI, MALAPPURAM DISTRICT, PIN - 679577 BY ADVS. K.B.ARUNKUMAR POOJA K.S. RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR TIRUR, MALAPPURAM DISTRICT., PIN - 676101 2 THE TAHASILDAR PONNANI TALUK, MALAPPURAM, PIN - 679577 3 THE VILLAGE OFFICER EZHUVATHIRUTHY VILLAGE OFFICE, MALAPPURAM DISTRICT, PIN - 679586 4 THE LOCAL LEVEL MONITORING COMMITTEE EZHUVATHIRUTHY GRAMA PANCHAYAT, PONNANI, MALAPPURAM DISTRICT REPRESENTED BY ITS CONVENER, PIN - 679586 5 THE AGRICULTURE OFFICER KRISHI BHAVAN, EZHUVATHIRUTHY, MALAPPUARAM DISTRICT, PIN - 679586 SMT.DEEPA N, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 27th day of July, 2023 The petitioner’s son is owner of 6.20 Ares of land in Block No.7 of Ezhuvathiruthy Village of Ponnani Taluk in Malappuram District. The petitioner has filed this writ petition seeking to direct the 1st respondent-Revenue Divisional Officer to consider and pass orders on Ext.P2 application within a time frame to be fixed by this Court.

2. The petitioner states that his son is owner of

6.20 Ares of land situated in Survey No.249/2-18 of Block No.7 of Ezhuvathiruthy Village, Ponnani Taluk in Malappuram 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 paddy land in Revenue records also.

3. The petitioner’s son wants to use the land for other purposes. Hence, he filed Ext.P2 application in Form-5, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 11.07.2023. Unless the application is considered expeditiously, the petitioner’s son 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’s son 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’s son 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’s son is owner of 6.20 Ares of land

situated in Survey No.249/2-18 of Block No.7 of Ezhuvathiruthy Village, Ponnani Taluk in Malappuram 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 his son is neither paddy land nor wetland. The land is not suitable for paddy cultivation. The petitioner’s son 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’s son invoking his statutory right under Rule 4(4D) 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

1st respondent-Revenue Divisional Officer to consider Ext.P2 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 spk APPENDIX OF WP(C) 24562/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE TAX RECEIPT DATED 15.05.2023 WITH RESPECT TO PROPERTY COMPRISED IN SY.NO.249/2-18 IN EZHUVATHIRUTHI VILLAGE IN MALAPPURAM DISTRICT Exhibit P-2 THE TRUE COPY OF THE APPLICATION ALONG WITH RECEIPT DATED 11.07.2023 SUBMITTED BY THE PETITIONER'S SON BEFORE THE 1ST RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Aboobacker vs The Revenue Divisional Officer/ Sub Collector Same Judge Honourable Mr.Justice N.Nagaresh