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. 20391 OF 2022
PETITIONER:
1 FRANCIS
AGED 58 YEARS, S/O. ANTONY, CHITTILAPPILLY HOUSE,
PERAMANGALAM P.O., PERAMANGALAM, THRISSUR - 680 545.
2 ELSY,
AGED 56 YEARS, W/O. FRANCIS, CHITTILAPPILLY HOUSE,
PERAMANGALAM P.O., PERAMANGALAM, THRISSUR - 680 545.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
THE DISTRICT COLLECTOR,THRISSUR
1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE,
THRISSUR 680 003.
THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION,
AYYANTHOLE, THRISSUR - 680003.
THE TAHASILDAR,
THRISSUR TALUK OFFICE, TOWN HALL, W PALACE ROAD,
CHEMBUKKAV, THRISSUR - 680020.
THE AGRICULTURAL OFFICER,
KAIPARAMBU KRISHI BHAVAN, KAIPARAMBU,
THRISSUR - 680546.
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. 20391 OF 2022
2
JUDGMENT
Dated this the 23rd day of June, 2022 The petitioners, who are owners of 24 Ares 67 Square Metres of land in Peramangalam Village of Thrissur Taluk in Thrissur District, have filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P3 application within a time frame to be fixed by this Court.
2. The petitioners state that they are owners of 24 Ares 67 Square Metres of land situated in Survey Nos.372/4, 372/13- 12, 372/13-11, 372/4-1, 372/14-13, 372/13-10 and 372/13-17 in Block No.3 of Peramangalam Village, Thrissur 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 petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P3 application in WP(C) NO. 20391 OF 2022 3 Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 19.04.2022. The application is not disposed of so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.
4. The Government Pleader representing the respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioners, in the writ petition. The Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the application submitted by the petitioners 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 petitioners and the learned Government Pleader representing the WP(C) NO. 20391 OF 2022 4 respondents.
6. The petitioners are owners of 24 Ares 67 Square Metres of land situated in Survey Nos.372/4, 372/13-12, 372/13-11, 372/4-1, 372/14-13, 372/13-10 and 372/13-17 of Peramangalam Village, Thrissur 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 petitioners, the land owned by them is neither paddy land nor wet land. The land is not suitable for paddy cultivation. The petitioners want to use the land for other purposes and hence they have filed an application in Form-5 seeking to remove the land from Data Bank.
7. The Form-5 application has been filed by the petitioners invoking their 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 WP(C) NO. 20391 OF 2022 5 accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2nd respondent to consider Ext.P3 Form-5 application submitted by the petitioners 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 spk WP(C) NO. 20391 OF 2022 6 APPENDIX OF WP(C) 20391/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 26.02.2022.
Exhibit P1A TRUE COPY OF THE TAX RECEIPT DATED 25.02.2022.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF KAIPARAMBU GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2M RESPONDENT DATED 19.04.2022.
Exhibit P4 TRUE COPY OF THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 20.04.2022.
RESPONDENT'S/S EXHIBITS : NIL