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. 22023 OF 2022
PETITIONER
JOY.K.O
AGED 59 YEARS
S/O. OUSEPH, KALLARACKAL HOUSE, PARAKKADAVU, ELAVOOR P.O,
ERNAKULAM DISTRICT, PIN - 683572.
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033,
REPRESENTED BY ITS DIRECTOR.
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI, KB JACOB ROAD,
FORT KOCHI, ERNAKULAM DISTRICT - 682001.
4 AGRICULTURAL FILED OFFICER
KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY P.O,
ERNAKULAM DISTRICT, PIN - 683579.
5 LOCAL LEVEL MONITORING COMMITTEE.
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY P.O,
ERNAKULAM DISTRICT, PIN - 683579.
SMT.SURYA BINOY B - SR.GP
SRI. S. VISHNU (SC) R2
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. 22023 OF 2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner, who is owner of 14.45 Ares of land in Block No.005 of Parakkadavu Village of Aluva Taluk in Ernakulam District, has filed this writ petition seeking to direct the 3rd respondent to consider and pass orders on Ext.P3 Form-5 application within a time frame to be fixed by this Court.
2. The petitioner states that he is owner of 14.45 Ares of land situated in Survey No.139/6 in Block No.005 of Parakkadavu Village, Aluva Taluk in Ernakulam District, out of which 9.65 Ares of 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.P3 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy WP(C) NO. 22023 OF 2022 3 Land and Wetland Rules, 2008. The application was filed on 24.05.2022. 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. 22023 OF 2022 4
6. The petitioner is owner of 14.45 Ares of land situated in Survey No.139/6 in Block No.005 of Parakkadavu Village, Aluva Taluk in Ernakulam District, out of which 9.65 Ares of 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. 22023 OF 2022 5 The writ petition is therefore disposed of directing the 3rd respondent to consider Ext.P3 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. 22023 OF 2022 6 APPENDIX OF WP(C) 22023/2022 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE POSSESSION CERTIFICATE DATED 18.03.2022 ISSUED BY THE PARAKKADAVU VILLAGE OFFICE.
Exhibit P2 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 23.02.2012.
Exhibit P3 A COPY OF THE FORM.5 APPLICATION DATED 24.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P3(a) A COPY OF THE FEE PAYMENT CHALLAN DATED 09.03.2022 OF RS. 1500/- FOR AVAILING KSREC REPORT.