IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18702 OF 2022
PETITIONER
SALAHUDDIN .M ( MOOLAKKADATH SALAHUDDIN)
AGED 72 YEARS
S/O M.T.P. HASAN MOULAVI SALSWAR, 28 3656 A, A.P
BALAKRISHNAPILLAI ROAD GOVINDAPURAM, KOZHIKODE,
PIN - 673016. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
P. SOORAJ, AGE 46, S/O BALAKRISHNAN 52-300 (1),
SWASTIC LANE 21, TOC H SCHOOL ROAD, VYTTILA P.O
ERNAKULAM DISTRICT, PIN - 682019
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
RDO OFFICE, FORT KOCHI P.O ERNAKULAM, PIN - 682001.
2 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KALAMASERY MUNICIPALITY KANGARAPADY
VADACODE P.O, ERNAKULAM, PIN- 682021.
3 THE VILLAGE OFFICER
THRIKKAKARA NORTH VILLAGE,. KOONAMTHAI,
CHANGAPUZHA NAGAR P.O ERNAKULAM, PIN - 682033.
4 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
(KSREC) C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM -
695033.
SRI.SYAMANTHAK B S, GP
SRI. S. VISHNU (SC) R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18702 OF 2022
2
JUDGMENT
Dated this the 9th day of June, 2022 The petitioner, who is owner of 5.55 Ares of land in Thrikkakara North Village of Kanayannoor Taluk in Ernakulam District, has filed this writ petition seeking to direct the 1st respondent to consider and pass orders on Ext.P7 application in the light of Ext.P6 KSREC report and in the light of the judgment in Suraj K.S. and another V. State of Kerala and others [2018 (1) KHC 250] within a time frame to be fixed by this Court.
2. The petitioner states that he is owner of 5.55 Ares of land situated in Re-Survey No.82/7 in Block No.6 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 WP(C) NO. 18702 OF 2022 3 also.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P7 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 14.04.2022. 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 WP(C) NO. 18702 OF 2022 4 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 5.55 Ares of land situated in Re-Survey No.82/7 in Block No.6 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 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, 2008. WP(C) NO. 18702 OF 2022 5 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 1 st respondent to consider Ext.P7 Form-5 application, in the light of Ext.P6 KSREC report and in the light of the judgment in Suraj K.S. and another V. State of Kerala and others [2018 (1) KHC 250], if the application 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. 18702 OF 2022 6 APPENDIX OF WP(C) 18702/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 06.08.2020.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK KALAMASERY MUNICIPALITY.
Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM NO.6 DATED 20.03.2021., Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.PC NO. 12009/21 DATED 18.06.2021.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK KALAMASERY MUNICIPALITY.
Exhibit P6 TRUE COPY OF THE REPORT OF THE KSREC DATED 25.01.2022.
Exhibit P7 TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 14.04.2022