Biju V.Panicker vs The District Collector

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 21974 OF 2022
PETITIONER:

              BIJU V.PANICKER
              AGED 48 YEARS
              S/O.LATE V.PANICKER, MULLAPALLIL HOUSE, KAPPATTIKKAVU,
              EROOR NORTH, TRIPUNITHURA, PIN - 682 306.
              BY ADVS.
              P.SREEKUMAR
              RENOY VINCENT
              HELEN P.A.
              ARUN ROY


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682 030.
     2        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE RDO, FORT KOCHI, ERNAKULAM, PIN - 682 001.
     3        THE TAHASILDAR
              KANAYANNUR TALUK, TALUK OFFICE, BOAT JETTY, ERNAKULAM,
              PIN - 682 033.
     4        THE VILLAGE OFFICER
              NADAMA VILLAGE OFFICE, OLD BUS STAND ROAD, TRIPUNITHURA,
              PIN - 682 301.


              SRI.SYAMANTHAK B S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.21974 OF 2022
                                   2


                          JUDGMENT

Dated this the 6th day of July, 2022 The petitioner, who is owner of 1.70 Ares of land in Nadama Village of Kanayannur Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P4 application within a time frame to be fixed by this Court.

2. The petitioner states that he is owner of 1.70 Ares of land situated in Survey No.5 in Block No.31 of Nadama Village, Kanyannur 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 the Data Bank and is described as paddy land in Revenue records also.

3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P4 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on WP(C) NO.21974 OF 2022 3 12.05.2022. 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.

WP(C) NO.21974 OF 2022 4

6. The petitioner is owner of 1.70 Ares of land situated in Survey No. 5 in Block No.31 of Nadama 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(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. WP(C) NO.21974 OF 2022 5 The writ petition is therefore disposed of directing the 2nd respondent-Revenue Divisional Officer to consider Ext.P4 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 four months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.21974 OF 2022 6 APPENDIX OF WP(C) 21974/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED FOR THE REASSESSMENT OF THE BUILDING TAX.

Exhibit P2 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF LAND TAX FOR THE YEAR 2017-

Exhibit P3 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF LAND TAX FOR THE YEAR 2022-

Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED IN FORM NO.5 AND THE RECEIPT SHOWING THE PAYMENT OF THE FEE.