IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 21739 OF 2022
PETITIONER:
MOHAN KURUVILA, AGED 49 YEARS
S/O. C.V.KURUVILA, CHUNDANGAL HOUSE,
THRIKANARVATTOM, ERNAKULAM DISTINCT - 682018
BY ADVS.
M.R.JAYALATHA
AMRUTHA DIWAKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
FIRST FLOOR, KB JACOB ROAD,
FORT KOCHI ERNAKULAM DISTRICT , PIN - 682001
3 AGRICULTURE OFFICER
KRISHI BHAVAN VYTTILA , MAHAKAVI VAILOPILLI ROAD,
ERNAKULAM DISTRICT , PIN - 682019
4 THE TAHSILDAR (LR)
KANAYANNUR TALUK, PARK AVANUE ROAD,
ERNAKULAM DISTRICT, PIN - 682011
5 THE VILLAGE OFFICER
EDAPPALLY SOUTH VILLAGE, VILLAGE OFFICE ROAD,
VENNALA, ERNAKULAM DISTRICT, PIN - 680028
BY ADV GOVERNMENT PLEADER
SMT.SURYA BINOY SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.21739 OF 2022
2
JUDGMENT
Dated this the 25th day of August, 2022 The petitioner, who is holding 2.20 Ares of land in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South Village of Kanayannur Taluk in Ernakulam District, has approached this Court seeking to direct the 2 nd respondent- Revenue Divisional Officer to consider and pass orders on Exts.P9 and P6 applications, within a time frame.
2. The petitioner states that he holds 2.20 Ares of land in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South Village of Kanayannur Taluk in Ernakulam District. The land is a garden land. However, it has been described as 'Nilam' in the Data Bank and Revenue records.
3. The petitioner would state that the property of the petitioner is not a paddy land and is not suitable for paddy cultivation. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P9 application in WP(C) NO.21739 OF 2022 3 Form-5, invoking the provisions of Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 for removing the land from the Data Bank. The petitioner also submitted Ext.P6 application in Form-6 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 to make necessary changes in the nature of land in Revenue records. Form 5 application was filed on 28.07.2022 and Form 6 application was filed on 26.05.2022. The applications are not disposed of so far. Unless the applications are 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 WP(C) NO.21739 OF 2022 4 Conservation of Paddy Land and Wetland Act, 2008, the applications submitted by the petitioner can be considered by the competent authority in accordance with law, provided the applications are received, are complete in all respects and are 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 2.20 Ares of land in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South Village of Kanayannur Taluk in Ernakulam District. According to the petitioner, the land is not a paddy land or wetland. In order to use the land for other purposes, the petitioner has submitted Ext.P9 application for removal of the land from the Data Bank and Ext.P6 application for change of nature of the land in Revenue records.
7. Exts.P9 and P6 applications are made by the petitioner invoking the provisions contained in the Kerala WP(C) NO.21739 OF 2022 5 Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder. As the petitioner has invoked statutory remedies, the competent authority, namely the 2nd respondent-Revenue Divisional Officer, is bound to consider the applications within a reasonable time and take a decision thereon, in accordance with law.
In the facts of the case, the writ petition is disposed of directing the 2nd respondent-Revenue Divisional Officer to consider Ext.P9 Form-5 application and take a decision thereon, within a period of two months. Depending upon the outcome of Ext.P9 application, the 2nd respondent-Revenue Divisional Officer shall pass orders on Ext.P6 Form-6 application, within a further period of two months.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO.21739 OF 2022 6 APPENDIX OF WP(C) 21739/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER Exhibit-P2 A TRUE COPY OF THE SALE DEED NO.5357/2005 DATED 8.8.2005 Exhibit-P3 A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE KOCHI MUNICIPAL CORPORATION DATED 21.5.2022 Exhibit-P4 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER EDAPPALLY SOUTH VILLAGE DATED 19.5.2022 Exhibit-P5 A TRUE COPY OF THE RELEVANT PAGES OF DATA BANK ISSUED BY AGRICULTURAL OFFICER VYTTILA Exhibit-P6 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 26.5.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit-P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE REVENUE DEPARTMENT DATED 26.5.2022 Exhibit-P8 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 12.6.2022 Exhibit P9 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 28-7-2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P10 A TRUE COPY OF THE RECEIPT ISSUED BY THE REVENUE DEPARTMENT DATED 28-7-
2022.
RESPONDENT'S/S EXHIBITS : NIL