Kerala High Court
Kamarudheen vs The District Collector on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16062 OF 2024
PETITIONERS:
1 KAMARUDHEEN,
AGED 49 YEARS
S/O KAMALUDHEEN,
RESIDING AT PALAKKAVALAPPIL HOUSE,
KOOTTAYI, MANGALAM,TIRUR,
MALAPPURAM DISTRICT, PIN - 676562
2 THESNIM,
AGED 47 YEARS
W/O KAMARUDHEEN,
RESIDING AT PALAKKAVALAPPIL HOUSE,
KOOTTAYI, MANGALAM,TIRUR,
MALAPPURAM DISTRICT, PIN - 676562
BY ADVS.
HARISH R. MENON
K.T.SHYAMKUMAR
A.G.PRASANTH
K.N.ABHA
ALEENA SEBASTIAN
MARY HEDWIG BABY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE COMPLEX,
MALAPPURAM, PIN - 676505
2 THE REVENUE DIVISIONAL OFFICER,
TIRUR, MALAPPURAM, PIN - 676101
W.P(C) No. 16062 of 2024
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3 THE VILLAGE OFFICER,
THRIKKANDIYUR,TIRUR,
MALAPPURAM DISTRICT, PIN - 676101
4 THE AGRICULTUARAL OFFICER,
KRISHI BHAVAN, TIRUR,
MALAPPURAM DISTRICT, PIN - 676101
BY ADV.
THUSHARA JAMES
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 16062 of 2024
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JUDGMENT
Dated this the 23rd day of April, 2024 The petitioners, who are owners of 5 Ares 27 Sq.m of land in Thrikkandiyur Village of Tirur Taluk in Malappuram District, have filed this writ petition seeking to direct the 2 nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P8 application within a time frame to be fixed by this Court.
2. The petitioners state that they are owners of 5 Ares 27 Sq.m of land situated in Survey No.339/2-5 of Thrikkandiyur Village of Tirur Taluk in Malappuram 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 Data Bank and is described as 'paddy land' in Revenue records also.
3. The petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P8 application in W.P(C) No. 16062 of 2024 4 Form-5, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 22.03.2024. The application is not disposed of so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.
4. The Government Pleader representing the respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioners, in the writ petition. The Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the application submitted by the petitioners 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. W.P(C) No. 16062 of 2024 5
5. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
6. The petitioners are owners of 5 Ares 27 Sq.m of land situated in Survey No.339/2-5 of Thrikkandiyur Village of Tirur Taluk in Malappuram 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 petitioners, 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 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 petitioners invoking their statutory right under Rule 4(4D) 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 W.P(C) No. 16062 of 2024 6 application in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2 nd respondent-Revenue Divisional Officer to consider Ext.P8 Form-5 application submitted by the petitioners, 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 three months, after adverting to Exts.P6 and P7.
Sd/-
N.NAGARESH JUDGE Jka/23.04.24.
W.P(C) No. 16062 of 20247
APPENDIX OF WP(C) 16062/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 5/11/2008 OF TIRUR SRO Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 19/12/2023 ,EVIDENCING PAYMENT OF LAND TAX FOR THE PROPERTY Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 26/4/2021 Exhibit P5 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK ISSUED BY THE 3RD RESPONDENT, EVIDENCING INCLUSION OF THE PROPERTY Exhibit P6 A TRUE COPY OF THE REPORT NO.38/2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 26/4/2021 Exhibit P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT NO KBT 08/2021 DATED 17/06/2021 Exhibit P8 A TRUE COPY OF FORM 5 APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P9 THE TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT AMOUNT FOR FORM 5 DATED 22.3.2024