IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 19699 OF 2022
PETITIONER
LIZY
AGED 61 YEARS
W/O. JACOB, KALATHINGAL HOUSE, KALLETTUMKARA,
KALLETTUMKARA P.O, THRISSUR - 680683, REPRESENTED BY HER
POWER OF ATTORNEY HOLDER, DEEPA CHRISTO, D/O. LIZY,
AGED 35, KALATHINGAL HOUSE, KALLETTUMKARA,
KALLETUMKARA P.O, THRISSUR - 680683.
BY ADVS.
M.SREEKUMAR
S.S.SAILAKSHMI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA NORTH P.O, IRINJALAKKUDA - 680125.
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19699 OF 2022
2
JUDGMENT
Dated this the 17th day of June, 2022 The petitioner, who is owner of 48.20 Ares of land in Aloor Village of Chalakkudy Taluk in Thrissur 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 48.20 Ares of land situated in Survey No.397/2-5 of Aloor Village, Chalakkudy 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.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 WP(C) NO. 19699 OF 2022 3 24.05.2022. 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 respondents.
WP(C) NO. 19699 OF 2022 4
6. The petitioner is owner of 48.2 Ares of land situated in Survey No. 397/2-5 of Aloor Village, Chalakkudy 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 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. WP(C) NO. 19699 OF 2022 5 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 three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO. 19699 OF 2022 6 APPENDIX OF WP(C) 19699/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO. 2534/1/2012 OF SUB REGISTRY OFFICE, KALLETTUMKARA DATED 4.6.2012.
Exhibit P2 TRUE COPY OF TAX RECEIPT NO.
KL08060302834/2022 DATED 21.04.2022 ISSUED TO THE PETITIONER.
Exhibit P3 TRUE COPY OF DATA BANK OF ALOOR GRAMA PANCHAYAT PUBLISHED ON 25.01.2021.
Exhibit P4 TRUE COPY OF APPLICATION DATED 24.05.2022 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4(a) TRUE COPY OF RECEIPT DATED 3.6.2022 ISSUED FROM LAND REVENUE DEPARTMENT TOWARDS FILING OF EXT.P4.