IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 20880 OF 2022
PETITIONER
OOMMEN P. OOMMEN
AGED 78 YEARS
POIKAYIL GRACE VILLA, PATHANAPURAM P.O.,
PATHANAPURAM, KOLLAM - 689 695.
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DISTRICT COLLECTOR
DISTRICT COLLECTOR OFFICE, CIVIL STATION,
KOLLAM, KERALA - 691 013.
3 SUB-COLLECTOR
DISTRICT COLLECTOR OFFICE, CIVIL STATION,
KOLLAM, KERALA - 691 013.
4 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, VALACODE P.O.,
PUNALUR, KOLLAM - 691 331.
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR - AGRICULTURAL
OFFICER, PATHANAPURAM, MANCHALLOOR, KOLLAM -
691 533.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 20880 of 2022 :2:
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner, who is owner of 77.90 Ares of land in Pathanapuram Village of Pathanapuram Taluk in Kollam District, has filed this writ petition seeking to direct the 4 th 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 he is owner of 77.90 Ares of land situated in Survey Nos.412/8, 7/19, 44/20, 4B, 6A, 6B, 472/8, 10C, 13, 14, 21, 23 and 24A of Pathanapuram Village of Pathanapuram Taluk in Kollam 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 W.P(C) No. 20880 of 2022 :3: Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 17.11.2021. 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. W.P(C) No. 20880 of 2022 :4:
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner is owner of 77.90 Ares of land situated in Survey Nos.412/8, 7/19, 44/20, 4B, 6A, 6B, 472/8, 10C, 13, 14, 21, 23 and 24A of Pathanapuram Village of Pathanapuram Taluk in Kollam 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, W.P(C) No. 20880 of 2022 :5: 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 4th 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 smm/08.07.2022 W.P(C) No. 20880 of 2022 :6: APPENDIX OF WP(C) 20880/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE SUB-
COLLECTOR, KOLLAM DATED 08/04/2003. Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE DATED 21/11/2017.
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE DATED 17/11/2017.
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RDO DATED 16/11/2021.
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT (AGRICULTURAL OFFICER) DATED 15/11/2021.
Exhibit P6 TRUE COPY OF THE LETTER OF THE RDO DATED 22/11/2021.