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. 14488 OF 2022
PETITIONER/S:
VKL HOMES INDIA PVT. LTD.
REPRESENTED BY ITS DIRECTOR SHAJI K. MATHEW, AGED 45
YEARS, S/O. K.C.MATHEW, KALLADAYIL HOUSE,
KUMARAPERUR VADAKKEKARA MURIYIL, CHITTAR-SEETHATHODE
VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT-689667.
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA, PATTIMATTOM MUVATTUPUZHA ROAD,
ERNAKULAM, PIN-686673.
3 THE TAHSILDAR,
TALUK OFFICE, KUNNATHUNAD, ERNAKULAM DISTRICT,
PIN-683561.
4 THE VILLAGE OFFICER,
PUTHENCRUZ VILLAGE, KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT-682301.
5 AGRICULTURE OFFICER,
KRISHI BHAVAN, PUTHENCRUZ P.O., ERNAKULAM DISTRICT-
682308.
SRI. SYMANTHAK 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:
WP(C) NO. 14488 OF 2022
2
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner-Company, owner of 2.28 Hectares of land in Puthencruz Village of Kunnathunad Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2nd respondent- Revenue Divisional Officer to consider and pass orders on Ext.P2 Form-5 application within a time frame to be fixed by this Court.
2. The petitioner states that the petitioner-Company is owner of 2.28 Hectares of land situated in Survey Nos.126/1, 126/9, 126/13, 125/4, 125/5, 124/5, 121/6, 124/10, 124/11, 120/10, 124/2, 124/3, 121/3-2, 124/12 and 119/6 of Puthencruz Village, Kunnathunad 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 Data Bank and is described as paddy land in Revenue records also. WP(C) NO. 14488 OF 2022 3
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P2 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 27.07.2021. 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. WP(C) NO. 14488 OF 2022 4
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner-Company is owner of 2.28 Hectares of land situated in Survey Nos.126/1, 126/9, 126/13, 125/4, 125/5, 124/5, 121/6, 124/10, 124/11, 120/10, 124/2, 124/3, 121/3-2, 124/12 and 119/6 of Puthencruz Village, Kunnathunad 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 them 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 the petitioner 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 their statutory right under Rule 4(d) of the WP(C) NO. 14488 OF 2022 5 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-Revenue Divisional Officer to consider Ext.P2 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. 14488 OF 2022 6 APPENDIX OF WP(C) 14488/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPTS DATED 4.5.2020 OF THE PETITIONER'S PROPERTY.
Exhibit P2 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 27.7.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P3 A TRUE COPY OF THE COMMUNICATION TO THE AGRICULTURAL OFFICER DATED 30.7.2021.