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. 21183 OF 2022
PETITIONER:
SAMASTHA KERALA SUNNI YUVAJANA SANGAM
PURATHEEL UNIT COMMITTEE, REP BY ITS SECRETARY
ABDUL GAFOOR M, S/O. MOIDHU P.M., AGED 40,
SEENATH MANZIL, PURATHEL, KANNUR, KERALA-
670594.
BY ADVS.
SHERRY J. THOMAS
E.K.AVINASH
JOEMON ANTONY
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, COLLECTORATE ROAD, THAVAKKARA,
KANNUR-670002.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, NATIONAL HIGHWAY-17,
PALISSERY, THALASSERY, KERALA-670101.
3 THE TAHSILDAR,
KANNUR TALUK OFFICE, NEAR GANDHI CIRCLE, SOUTH
BAZAR, KANNUR, KERALA-670002.
4 THE VILLAGE OFFICER,
VALIYANNUR VILLAGE OFFICE, KANNUR-MATTANNUR
ROAD, VALIYANNUR, KERALA-670594.
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, CHELORA, MATHUKKOTH KAPPAD ROAD,
KERALA-670018.
6 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHIBHAVAN, CHELORA, MATHUKKOTH KAPPAD ROAD,
KERALA-670018.
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.21183/2022
2
JUDGMENT
Dated this the 29th day of June, 2022 The petitioner, Samastha Kerala Sunni Yuvajana Sangam is owner of 7.79 Ares of land in Valiyannur Village of Kannur Taluk in Kannur District. The petitioner has filed this writ petition seeking to direct the 4 th and 5th respondents to consider and pass orders on Ext.P4 application within a time frame to be fixed by this Court.
2. The petitioner states that the petitioner is owner of 7.79 Ares of land situated in Survey No. 22/137 of Valiyannur Village of Kannur Taluk in Kannur 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 W.P.(C) No.21183/2022 3 filed on 21.03.2022. 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.
6. The petitioner is owner of 7.79 Ares of land W.P.(C) No.21183/2022 4 situated in Survey No.22/137 of Valiyannur Village of Kannur Taluk in Kannur 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 them 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 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 petitioner invoking the 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.
The writ petition is therefore disposed of directing the 4th and 5th respondents to forward their reports to the 2 nd respondent. The 2nd respondent shall consider Ext.P4 Form- W.P.(C) No.21183/2022 5 5 application submitted by the petitioner, if the same is received, supported by all requisite documents and paying prescribed fee, if any, and pass orders thereon in accordance with law, within a period of four months.
Sd/-
N. NAGARESH JUDGE AJ W.P.(C) No.21183/2022 6 APPENDIX OF WP(C) 21183/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TITLE DEED NO 1692/2007 DATED 14/04/2007.
Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN WPC NO.25622/2008 DATED 29/07/2010.
Exhibit P3 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT VILLAGE OFFICER TO 2ND RESPONDENT RDO DATED 16/07/2008.
Exhibit P4 THE TRUE COPY OF THE FORM NO.5 SUBMITTED BY THE PETITIONER DATED 21/03/2022.
Exhibit P4A THE TRUE COPY OF THE RECEIPT DATED 21/03/2022.