IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
WP(C) NO. 1881 OF 2023
PETITIONER
THOMAS PAUL
AGED 68 YEARS
S/O LATE M.S PAUL, MOONJAPILLY HOUSE, VAYALAR ROAD,
SOUTH CHITTOOR P.O, ERNAKULAM, PIN - 682027
BY ADVS.
BEN TOM
DEEPAK MOHAN
RESPONDENTS:
1 DISTRICT COLLECTOR
ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
2 REVENU DIVISIONAL OFFICER
FORT KOCHI, RDO OFFICE, KB JACOB RD, FORT KOCHI, KOCHI,
KERALA, PIN - 682001
3 TAHSILDAR
KANAYANNUR, TALUK OFFICE, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI, KERALA, PIN - 682011
4 VILLAGE OFFICER
CHERANALLOOR, CHERANALLOOR VILLAGE OFFICE, CHITTOOR,
ERNAKULAM, PIN - 682027
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHI BHAVAN, VYTTILA,1ST FLOOR, KOCHI CORPORATION
VYTTILA SHOPPING COMPLEX, KOCHI, KERALA, PIN - 682019
SMT. VIDYA KURIAKOSE GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1881 OF 2023
2
JUDGMENT
Dated this the 20th day of January, 2023 The petitioner, who is owner of 0.50 Ares of land in Cheranalloor Village of Kanayannur Taluk in Ernakulam District, has 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 petitioner states that he is owner of 0.50 Ares of land situated in Survey No.873/2-3 in Block No.1 of Cheranalloor Village, Kanayannur Taluk in Ernakulam District. The land is 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 'Nilam' in Basic Tax Register 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 WP(C) NO.1881 OF 2023 3 and Wetland Rules, 2008. The application was filed on 20.05.2022. 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 respondents.
WP(C) NO.1881 OF 2023 4
6. The petitioner is owner of 0.50 Ares of land situated in Survey No.873/2-3 in Block No.1 of Cheranalloor Village, Kanayannur 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 him 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 he 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 his 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. WP(C) NO.1881 OF 2023 5 The writ petition is therefore disposed of directing the 5th respondent-Local Level Monitoring Committee (LLMC) to forward a report to the 2nd respondent-Revenue Divisional Officer on Ext.P3 application filed by the petitioner within a period of one month, if it is not already forwarded. Based on the report of the LLMC, the 2nd respondent-Revenue Divisional Officer shall pass appropriate orders on Ext.P3 Form-5 application submitted by the petitioner, within a further period of two months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.1881 OF 2023 6 APPENDIX OF WP(C) 1881/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 20.05.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 22.02.2021 Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.05.2022