IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21478 OF 2022
PETITIONERS
1 RATHNAKUMARI
AGED 53 YEARS
W/O. SADANANDAN, KARAYIL HOUSE, MANNAM P.O.,
PARAVUR, ERNAKULAM-683520.
2 SADANANDAN,
AGED 61 YEARS
S/O. MADHAVAN,
KARAYIL HOUSE,
MANNAM P.O., PARAVUR,
ERNAKULAM - 683520.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
THRISSUR - 680003
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR -
680125.
3 THE TAHSILDAR,
MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM,
CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR -
680125.
4 THE AGRICULTURAL OFFICER,
KARALAM KRISHI BHAVAN, KIZHUTHANI PORATHISSERY
ROAD, KIZHUTHANI, KARALAM, THRISSUR 680125.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.21478 of 2022 :2:
JUDGMENT
Dated this the 1st day of July, 2022 The petitioners, who are owners of 54.63 Ares of land in Manavalassery Village of Mukundapuram Taluk in Thirssur District, has filed this writ petition seeking to direct the 2 nd respondent to consider and pass orders on Ext.P3 application within a time frame to be fixed by this Court.
2. The petitioners state that they are owners of 54.63 Ares of land, out of which 21 Ares and 4 square metres is comprised in Survey No.305/1-4 and 33.59 Ares of land is comprised in Survey No.305/1-3 of Manavalassery Village, Mukundapuram Taluk in Thrissur 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 the Data Bank and is described as paddy land in Revenue records also.
W.P(C) No.21478 of 2022 :3:
3. The petitioners want 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 11.02.2022 . The application is not disposed of so far. Unless the application is considered expeditiously, the petitioners 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 petitioners in the writ petition. The Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the application submitted by the petitioners can be considered by the competent authority in accordance with law, provided the application is received, is complete in all respects and is W.P(C) No.21478 of 2022 :4: supported by all necessary documents.
5. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
6. The petitioners are owners of 54.63 Ares of land, out of which 21 Ares and 4 square metres is comprised in Survey No.305/1-4 and 33.59 Ares of land is comprised in Survey No.305/1-3 of Manavalassery Village, Mukundapuram Taluk in Thrissur 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 petitioners, the land owned by them is neither paddy land nor wet land. The land is not suitable for paddy cultivation. The petitioners want to use the land for other purposes and hence they have filed an application in Form-5 seeking to remove the land from Data Bank.
W.P(C) No.21478 of 2022 :5:
7. The Form-5 application has been filed by the petitioners invoking their 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 to consider Ext.P3 Form-5 application submitted by the petitioners 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 smm/04.07.2022 W.P(C) No.21478 of 2022 :6: APPENDIX OF WP(C) 21478/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 10.02.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 11.02.2022.