IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 12858 OF 2022
PETITIONERS:
1 MUHAMMED SHAFIN,
AGED 37 YEARS
S/O.KOYATHEEN, TWINS MAHAL, NARIKKUNI, KOZHIKODE-673 785.
2 MUHAMMED SHENIM,
S/O.KOYATHEEN, TWINS MAHAL, NARIKKUNI, KOZHIKODE-673 785.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE - 673 020.
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE-673 0202.
3 THE TAHSILDAR,
THAMARASSERY TALUK OFFICE, THAMARASSERY,
KOZHIKODE-673 573.
4 THE VILLAGE OFFICER,
NARIKKUNI VILLAGE OFFICE, NARIKUNI P.O.,
KOZHIKODE-673 585.
5 THE AGRICULTURAL OFFICER,
NARIKKUNI KRISHI BHAVAN, NARIKUNI P.O.,
KOZHIKODE-673 585.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.12858 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioners, who are owners of 5 Ares and 50.4 Square Meters of land in Narikkuni Village in Thamarassery Taluk of Kozhikode District, have approached this Court, seeking to direct the 2nd respondent to consider Ext.P3 application within a time frame.
2. The petitioners state that they are in possession of 5 Ares and 50.4 Square Meters of land in Survey No.242/123 of Narikkuni Village in Thamarassery Taluk of Kozhikode District. The land is described as 'Nilam' in Revenue records.
3. The petitioners would submit that the property is not suitable for paddy cultivation and is lying as a converted land for long. Unfortunately, the land was included in the Data Bank, as can be seen from Ext.P2. The petitioners' land is not a cultivable land, contend the petitioners. Therefore, the petitioners submitted an application invoking Rule 4(d) of the WP(C) NO.12858 OF 2022 3 Kerala Conservation of Paddy Land and Wetland Rules, 2008, before the 2nd respondent seeking to remove the land from the Data Bank. The application has not been positively considered so far.
4. The learned Government Pleader entered appearance and contested the writ petition. The learned Government Pleader pointed out that in Ext.P3 application, the petitioners have sought to remove land to the extent of 5.50 Ares. Ext.P1 receipt would show that the total extent of land in question is 5 Ares and 50.4 Square Meters. This discrepancy will have to be looked into, contented the learned Government Pleader.
5. Heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
6. The petitioners are owners of 5 Ares and 50.4 Square Meters of land in Narikkuni Village in Thamarassery Taluk. The land is included in Data Bank. According to the petitioners, the land is not a cultivable land and WP(C) NO.12858 OF 2022 4 will not fall under the definition of either paddy land or wetland. In such circumstances,the petitioners preferred Ext.P3 application invoking Rule 4(d) of the Kerala Conservation of Paddy Land of Wetland Rules, 2008.
7. Since Ext.P3 application submitted by the petitioners is invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder, the 2nd respondent is bound to consider the application and pass appropriate orders thereon within a reasonable time.
The writ petition is, therefore, disposed of directing the 2 nd respondent to consider Ext.P3 application submitted by the petitioners, if it is complete in all respects, supported by all requisite documents and is made after paying the prescribed fee, if any. Orders on Ext.P3 shall be passed within a period of three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.12858 OF 2022 5 APPENDIX OF WP(C) 12858/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 31.08.2021.
Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK ISSUED BY THE NARIKKUNI GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 05.01.2022.