IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21231 OF 2022
PETITIONER:
SATHI M.GOKUL
AGED 53 YEARS
D/O.SANKARANKUTTY MENON, MANGALAPPILLY HOUSE,
POONITHURA P.O, ERNAKULAM DISTRICT, PIN - 682038,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER MOHANAN
P.M, AGED 65 YEARS, S/O.MADHAVAN NAIR (LATE),
PARIKKAPPILLY HOUSE, KOTHAKULANGARA, ANGAMALY.P.O,
ERNAKULAM DISTRICT, PIN-683572.
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM DIST., PIN- 695 033, REPRESENTED
BY ITS DIRECTOR.
3 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, REVENUE DIVISIONAL OFFICE, FORT KOCHI,
ERNAKULAM- 682001.
4 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
KRISHI BHAVAN, THURAVOOR.P.O, ERNAKULAM DIST., PIN-
683572.
5 AGRICULTURAL FIELD OFFICER,
KRISHI BHAVAN, THURAVOOR.P.O, ERNAKULAM DIST., PIN-
683572.
SMT.SURYA BINOY (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.21231/2022
2
JUDGMENT
Dated this the 29th day of June, 2022 The petitioner, who is owner of 43.74 Ares of land in Thuravoor Village of Aluva Taluk in Ernakulam District, has filed this writ petition seeking to direct the 3 rd 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 43.74 of land situated in Survey Nos. 366/10, 366/4-2, 366/5-3, 366/6- 2 and 366/7-2 in Block No.13 of Thuravoor Village, Aluva Taluk in Ernakulam District. The land is a dry 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 W.P.(C) No.21231/2022 3 Paddy Land and Wetland Rules, 2008. The application was filed on 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 W.P.(C) No.21231/2022 4 respondents.
6. The petitioner is owner of 43.74 Ares of land situated in Survey Nos.366/10, 366/4-2, 366/5-3, 366/6-2 and 366/7-2 in Block No.13 of Thuravoor Village, Aluva 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 wetland. 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. W.P.(C) No.21231/2022 5 The writ petition is therefore disposed of directing the 3rd 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 four months.
Sd/-
N. NAGARESH JUDGE AJ W.P.(C) No.21231/2022 6 APPENDIX OF WP(C) 21231/2022 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE TAX RECEIPT DATED 04.04.2022 ISSUED BY THE THURAVOOR VILLAGE OFFICE.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 10.04.2022 ISSUED BY THE THURAVOOR VILLAGE OFFICE.
Exhibit P3 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 10.02.2021.
Exhibit P4 A COPY OF THE FORM.5 APPLICATION DATED 24.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P5 A COPY OF THE KSREC REPORT ALONG WITH COVERING LETTER NO.A-172/2015 /KSREC DATED 20.06.2017.