IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24312 OF 2022
PETITIONER
VINCY SAJU
AGED 44 YEARS
W/O GEORGE SAJU, PARACKAL HOUSE,
KOTTUVALLY VILLAGE, PARAVUR TALUK,
COCHIN - 682019.
BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
NANDA SANAL
KURIAN ANTONY MATHEW
ANEETA MARY SAJI
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI-
682001.
3 AGRICULTURAL FIELD OFFICER
KRISHI BHAVAN, VYTILLA, KOCHI, KERALA - 682019.
4 VILLAGE OFFICER,
POONITHURA VILLAGE OFFICE, SAHODARAN AYYAPPAN
ROAD, VYTTILA, ERNAKULAM, KERALA 682019.
SRI.SYAMANTHAK B.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 24312 of 2022 2
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JUDGMENT
Dated this the 27th day of July , 2022 The petitioner, who is owner of 4.16 Ares of land in Poonithura Village of Kanayannur Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P4 application within a time frame to be fixed by this Court.
2. The petitioner states that she is owner of 4.16 Ares of land situated in Survey No.447/4-2 in Block No.1 of Poonithura Village, Kanayannur 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 the Data Bank and is described as paddy land in Revenue records also.
W.P(C) No. 24312 of 2022 3]
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P4 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 24.08.2021. 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 W.P(C) No. 24312 of 2022 4 ] 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.
6. The petitioner is owner of 4.16 Ares of land situated in Survey No.447/4-2 in Block No.1 of Poonithura Village, Kanayannur 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 her is neither paddy land nor wet land. 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.
W.P(C) No. 24312 of 2022 5]
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.
The writ petition is therefore disposed of directing the 2nd respondent to consider Ext.P4 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/27.07.2022 W.P(C) No. 24312 of 2022 6 ] APPENDIX OF WP(C) 24312/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.KL 07022005901/202 DATED 02.07.2020 Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT NO 03712102109435 DATED 18.08.2021 Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATABANK PREPARED FOR POONITHURA VILLAGE OF KRISHI BHAVAN, VYTTILA Exhibit P4 TRUE COPY OF THE FORM 5 APPLICATION DATED 24.08.2021