Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 24974 OF 2023 PETITIONER: RINHAS K A, AGED 44 YEARS S/O ABDUL LATEEF, R/O KANNAMUKULATH HOUSE, KAKKANAD PO, THENGOD, ERNAKULAM, PIN - 682 030. BY ADVS. MEERA RAMESH E.ADITHYAN TREESA MANJILA MRUDULA MOHAN NESAMUDHEEN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2 VAZHAKKALA VILLAGE OFFICE REPRESENTED BY SECRETARY N.G.O.QUARTERS, THRIKKAKARA, KERALA, PIN - 682 021. 3 AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER, VAZHAKALA, ERNAKULAM, PIN - 682 021. 4 REVENUE DIVISIONAL OFFICER, FIRST FLOOR, KB JACOB RD, FORT KOCHI, KERALA, PIN - 682 001. BY ADV SMT. AMMINIKUTTY K-SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 1st day of August, 2023 The petitioner, who is owner of 1.46 Ares of land in Vazhakkala Village of Kanayannur Taluk in Ernakulam District, has filed this writ petition seeking to direct the 4 th 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 he is owner of 1.46 Ares of
land situated in Survey Nos.533/8-3-5, 578/1-3-3 and 578/1-5 of Vazhakkala Village, Kanayannur 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.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 17.08.2022. 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 1.46 Ares of land situated in
Survey Nos.533/8-3-5, 578/1-3-3 and 578/1-5 of Vazhakkala Village, Kanayannur 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(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 4th 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 AMR JUDGE APPENDIX OF WP(C) 24974/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO. KL7021610141/2022 DATED 15/06/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1. Exhibit P2 TRUE COPY OF THE FORM 5 (4) SUBMITTED BY THE PETITIONER DATED 17/08/2022 IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT P2. IT IS SUBMITTED THAT EXT P2 HAS NOT BEEN CONSIDERED BY THE RESPONDENTS YET. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER DATED 16-08-2022 IS PRODUCED HEREWITH AND IS MARKED AS EXHIBIT P3.