IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18286 OF 2022
PETITIONER
ASHA GEORGE
AGED 31 YEARS
D/O.V.C.GEORGE, VADAKKEL HOUSE, EDAPPALLY TOLL,
EDAPPALLY POST, THRIKKAKARA NORTH VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN
CODE-682 024, REPRESENTED BY HER DULY
AUTHORIZED POWER OF ATTORNEY HOLDER V.C.GEORGE,
AGED 63 YEARS, S/O.JOSEPH CHACKO, RESIDING AT
VADAKKEL HOUSE, EDAPPALLY TOLL, EDAPPALLY POST,
THRIKKAKARA NORTH VILLAGE, KANAYANNOOR TALUK,
ERNAKULAM DISTRICT, PIN CODE-682 024., PIN -
682024
BY ADVS.
AJITH VISWANATHAN
SHIBU JOSEPH
SAYED MANSOOR BAFAKHY THANGAL
BALRAM S.A.
JEFFIN JOHN
C.B.GAUTHAM
M.SRIRAM
FADIL FAZIL
AGNET JARARD
V.C. XAVIER
POOJA P.O.
GAYATHRI KRISHNAN
RESPONDENT
THE REVENUE DIVISIONAL OFFICER ,FORT
KOCHI,FIRST FLOOR,K.B.JACOB ROAD FORT KOCHI
,ERNAKULAM DISTRICT, PIN 682OO1, PIN - 682001
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.18286 of 2022 :2:
JUDGMENT
Dated this the 8th day of June, 2022 The petitioner, who is owner of 12 Ares of land in Thrikkakara North Village of Kanayannoor Taluk in Ernakulam District, has filed this writ petition seeking to direct the respondent to consider and pass orders on Ext.P6 application within a time frame to be fixed by this Court.
2. The petitioner states that she is owner of 12 Ares of land situated in Re-Survey No.788/1 (Old Survey No.902/10/1) in Block No.5 of Thrikkakara North Village, Kanayannoor 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.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P6 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of W.P.(C) No.18286 of 2022 :3: Paddy Land and Wetland Rules, 2008. The application was filed on 12.03.2022. 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 respondent 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 respondent.
W.P.(C) No.18286 of 2022 :4:
6. The petitioner is the owner of 12 Ares of land situated in Re-Survey No.788/1 (old Survey No.902/10/1) of Thrikkakara North Village, Kanayannoor 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.
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 respondent to consider Ext.P6 Form-5 application W.P.(C) No.18286 of 2022 :5: 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/ 10.06.2022 W.P.(C) No.18286 of 2022 :6: APPENDIX OF WP(C) 18286/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE POWER OF ATTORNEY BEARING NO.188 OF 2018, OF EDAPPALLY SUB REGISTRY, DATED 13-08- 2018 ExhibitP2 THE TRUE PHOTOSTAT COPY OF THE EXCHANGE DEED NO.285 OF 2020, OF EDAPPALLY SUB REGISTRY.
ExhibitP3 THE TRUE PHOTOSTAT COPY OF THE BASIC TAX PAID RECEIPT NO.KL07021820220/2021 ISSUED BY THE VILLAGE OFFICER, THRIKKAKKARA NORTH VILLAGE.
ExhibitP4 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER ISSUED BY THE VILLAGE OFFICER, THRIKKAKKARA NORTH VILLAGE ExhibitP5 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DATA BANK ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KALAMASSERY, DATED 10-03-2022. Exhibit6 THE TRUE PHOTOSTAT COPY OF THE APPLICATION BEARING NO.1/2022/567328 DATED 12-03-2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
ExhibitP7 THE TRUE PHOTOSTAT COPY OF THE RECEIPT OF PAYMENT OF FEE FOR EXHIBIT P6 APPLICATION