Joby vs The District Collector

Kerala High Court

Joby vs The District Collector on 23 June, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 20417 OF 2022
PETITIONER:

              JOBY,
              AGED 46 YEARS, S/O. OUSEPH, KILIKKUNNEL HOUSE,
              EARUMELI, KUMARAPURAM P.O, ERNAKULAM 683 565.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.


RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              CIVIL STATION, KAKKANAD, ERNAKULAM- 682 030.
     2        THE REVENUE DIVISIONAL OFFICER,
              MUVATTUPUZHA REVENUE DIVISIONAL OFFICE,
              MINI CIVIL STATION, MUDAVOOR P.O, MUVATTUPUZHA- 686 669.
     3        THE TAHSILDAR,
              KUNNATHUNAD TALUK OFFICE, POOPPANI ROAD, PERUMBAVOOR,
              ERNAKULAM 683 543.
     4        THE AGRICULTURAL OFFICER,
              KUNNATHUNAD KRISHI BHAVAN,
              KUNNATHUNAD, ERNAKULAM- 683 562.

              SMT.SURYA BINOY B SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20417 OF 2022

                               2


                            JUDGMENT

Dated this the 23rd day of June, 2022 The petitioner, who is owner of 18.50 Ares of land in Kunnathunad Village of Kunnathunad Taluk in Ernakulam 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 he is owner of 18.50 Ares of land situated in Survey Nos.13/6 and 12/4 in Block No.35 of Kunnathunad Village, Kunnathunad Taluk of Ernakulam District. The land is a garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, 7.30 Ares of 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 Paddy Land WP(C) NO. 20417 OF 2022 3 and Wetland Rules, 2008. The application was filed on 04.05.2022 . 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. 20417 OF 2022 4

6. The petitioner is owner of 18.50 Ares of land situated in Survey Nos.13/6 and 12/4 in Block No.35 of Kunnathunad Village, Kunnathunad Taluk of Ernakulam District. Out of the said extent, 7.30 Ares of 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 wet land. 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. 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. 20417 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 three months.

Sd/-

Exhibit P2 TRUE COPY OF THE EXTRACT OF DRAFT DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 04.05.2022.

Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 04.05.2022.

RESPONDENT'S/S EXHIBITS : NIL