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. 22061 OF 2022
PETITIONER
LALITHA
AGED 65 YEARS
W/O VIJAYAN, KOCHUMATHIRAMPARAMBIL HOUSE,
PANTHALLOOR, CHOWANNUR P.O, THRISSUR, PIN -
680517
BY ADV BEN TOM
RESPONDENTS
1 DISTRICT COLLECTOR
THRISSUR, CIVIL STATION, THRISSUR, PIN - 680003
2 REVENU DIVISIONAL OFFICER
THRISSUR, RDO OFFICE, CIVIL STATION,AYYANTHOLE,
THRISSUR, PIN - 680003
3 TAHSILDAR
KUNNUMKULAM, KUNNUMKULAMTALUK OFFICE, MINI
CIVIL STATION, KUNNUMKULAM, KERALA, PIN -
680503
4 VILLAGE OFFICER
CHEMMANTHATTA, CHEMMANTHATTA VILLAGE OFFICE,
CHEMMANTHATTA, KERALA, PIN - 680501
5 THE LOCAL LEVEL MONITORING COMMITTEE
CHOWANNUR, REPRESENTED BY ITS CONVENOR
AGRICULTURAL OFFICER, KRISHIBHAVAN, CHOWANNUR,
THRISSUR, PIN - 680517
BY ADV GOVERNMENT PLEADER
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.22061 of 2022 :2:
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner, who is owner of 6.07 Ares of land in Chemmanthatta Village of Kunnamkulam Taluk in Thrissur District, has filed this writ petition seeking to direct the 2 nd 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 6.07 Ares of land situated in Block No.10, Survey No.72/10-6 of Chemmanthatta Village, Kunnamkulam Taluk in Thrissur 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 W.P(C) No.22061 of 2022 :3: Paddy Land and Wetland Rules, 2008. The application was filed on 29.06.2022. 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 W.P(C) No.22061 of 2022 :4: respondents.
6. The petitioner is owner of 6.07 Ares of land situated in Block No.10, Survey No. 72/10-6 of Chemmanthatta Village, Kunnamkulam Taluk in Thrissur 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. W.P(C) No.22061 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 four months.
Sd/-
N. NAGARESH, JUDGE smm/08.07.2022 W.P(C) No.22061 of 2022 :6: APPENDIX OF WP(C) 22061/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.06.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 29.01.2021 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 29.06.2022