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. 21158 OF 2022
PETITIONER:
MUHIYUDHEEN JUMA MASJID
REPRESENTED BY ITS PRESIDENT MR.ABDULLAKUNHI,
AGED 64 YEARS, PERUMBALA, PERUMBALA VILLAGE,
KASARAGOD TALUK, KASARAGOD DISTRICT. 671317.
BY ADV A.ARUNKUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
KASARAGOD, KASARAGOD. 671121.
2 THE VILLAGE OFFICER,
PERUMBALA VILLAGE, PERUMBALA, KASARAGOD
DISTRICT. 671317.
3 LOCAL LEVEL MONITORING COMMITTEE OF CHEMMANAD
GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER/
AGRICULTURE OFFICE, KRISHI BHAVAN, PERUMBALA,
PERUMBALA VILLAGE, KASARAGOD DISTRICT. 671317.
4 CHEMMANAD GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PERUMBALA VILLAGE, PERUMBALA.P.O, KASARAGOD
DISTRICT. 671317.
SRI. SYAMANTHAK B.S (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.21158/2022
2
JUDGMENT
Dated this the 29th day of June, 2022 The petitioner, owner of 1.17 Ares of land in Perumbala Village of Kasaragod Taluk in Kasaragod District, has filed this writ petition seeking to direct the 1st 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 the petitioner is owner of 1.17 Ares of land situated in Re-Survey No. 21/11PT1 of Perumbala Village, Kasaragod Taluk in Kasaragod District. The land is a residential area. 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.P3 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.21158/2022 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.
W.P.(C) No.21158/2022 4
6. The petitioner is owner of 1.17 ares of land situated in Re-Survey No. 21/11PT1 of Perumbala Village, Kasaragod Taluk in Kasaragod 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 the petitioner 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 the petitioner 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 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. W.P.(C) No.21158/2022 5 The writ petition is therefore disposed of directing the 1 st 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 four months.
Sd/-
N.NAGARESH JUDGE AJ W.P.(C) No.21158/2022 6 APPENDIX OF WP(C) 21158/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF REGISTERED GIFT DEED NO.3269/1/2021 OF SRO KASARAGOD.
Exhibit P2 A TRUE COPY OF THE RECENT BASIC TAX RECEIPT DATED 18-04-2022.
Exhibit P3 A TRUE COPY OF THE ONLINE APPLICATION SUBMITTED DATED 21-03-2022 SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 07-
05-2022 SHOWING THE PAYMENT FOR OBTAINING SATELLITE IMAGE AND REPORT. Exhibit P5 A TRUE COPY OF THE ORDER DATED 17-05-
2022 OF THE OMBUDSMAN FOR LOCAL GOVERNMENTS INSTITUTIONS IN COMPLAINT NO.267/2022 Exhibit P6 A TRUE COPY OF THE ORDER DATED ORDER DATED 26-02-2022 PASSED BY THE 1ST RESPONDENT.