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. 21965 OF 2022
PETITIONER:
STELLA KURIAN
AGED 49 YEARS
W/O.CYRIAC MATHEW, H.NO.39, MUNDATHANATHU HOUSE,
VELIYANNOOR P.O., KOTTAYAM - 686634.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM - KUMILY RD.,
KOTTAYAM - 686 002.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM - 686 001.
3 THE TAHSILDAR
MEENACHIL TALUK OFFICE, CIVIL STATION, GROUND FLOOR,
PALA RAMAPURAM ROAD, PALA, KOTTAYAM - 686 575.
4 THE AGRICULTURAL OFFICER
VELIYANNOOR KRISHI BHAVAN, POOVAKULAM KARAMALA ROAD,
VELIYANNOOR, KOTTAYAM - 686 662.
SMT.SURYA BINOY B SR.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.21965 OF 2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner, who is owner of 30.97 Ares of land in Block No.2 of Veliyannoor Village of Meenachil Taluk in Kottayam District, has filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P3 application within a time frame to be fixed by this Court.
2. The petitioner states that she is owner of 30.97 Ares of land situated in Survey No.425/6-1 in Block No.2 of Veliyannoor Village, Meenachil Taluk in Kottayam 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.P3 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy WP(C) NO.21965 OF 2022 3 Land and Wetland Rules, 2008. The application was filed on 06.06.2022. 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.21965 OF 2022 4
6. The petitioner is owner of 30.97 Ares of land situated in Survey No.425/6-1 in Block No.2 of Veliyannoor Village, Meenachil Taluk in Kottayam 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 her 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 she 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 her 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.21965 OF 2022 5 The writ petition is therefore disposed of directing the 2nd 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 three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.21965 OF 2022 6 APPENDIX OF WP(C) 21965/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12/04/2022.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK VELIYANNOOR GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 06/06/2022.
Exhibit P4 THE RECEIPT EVIDENCING THE STATUTORY FEE OF THE APPLICATION DATED 06/06/2022.