Baby vs State Of Kerala

Kerala High Court

Baby vs State Of Kerala 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. 13690 OF 2024
PETITIONERS:

    1     BABY,
          AGED 75 YEARS
          S/OKUNJUVAREED,
          PAREKKATTIL HOUSE, KIDANGOOR ,
          KIDANGOOR P. O., THURAVOOR VILLAGE,
          ALUVATALUK, ERNAKULAM DISTRICT, PIN - 683572

    2     ROSILY,
          AGED 64 YEARS
          W/O. BABY,
          PAREKKATTIL HOUSE, KIDANGOOR,
          KIDANGOOR P. O., THURAVOOR VILLAGE,
          ALUVATALUK, ERNAKULAM DISTRICT., PIN - 683572

          BY ADV MEREENA.J.JOSEPH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          REVENUE DEPARTMENT, GOVERNMENT
          SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

    2     THE LAND REVENUE COMMISSIONER,
          COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
          BUILDING, MUSEUM JUNCTION,
          THIRUVANANTHAPURAM-, PIN - 695001

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD,
          ERNAKULAM., PIN - 682030
 W.P(C) No. 13690 of 2024
                                      2

     4          THE REVENUE DIVISIONAL OFFICER,
                OFFICE OF THE REVENUE DIVISIONAL OFFICER,
                FORT KOCHI., PIN - 682001

     5          LOCAL LEVEL MONITORING COMMITTEE FOR-
                THURAVOOR VILLAGE,
                REPRESENTED BY ITS CONVENER,
                AGRICULTURAL OFFICER,
                KRISHIBHAVAN,THURAVVOR P O.,
                ERNAKULAM DISTRICT, PIN - 683572

                BY ADV.
                AJITH VISWANATHAN
                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. 13690 of 2024
                                   3




                           JUDGMENT

Dated this the 23rd day of April, 2024 The petitioners, who are owners of 4 Ares 71 Sq.m and 14 Ares 80 Sqm of land respectively in Thuravoor Village of Aluva Taluk in Ernakulam District, have filed this writ petition seeking to direct the 4th respondent-Revenue Divisional Officer to consider and pass orders on Exts.P2 and P3 applications within a time frame to be fixed by this Court.

2. The petitioners state that they are owners of 4 Ares 71 Sq.m and 14 Ares 80 Sqm of land respectively in Thuravoor Village of Aluva Taluk in Ernakulam 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 'Nilam' in Revenue records also.

3. The petitioners want to use the land for other purposes. Hence, the petitioners filed Exts.P2 and P3 applications in Form-5, invoking Rule 4(4D) of the Kerala W.P(C) No. 13690 of 2024 4 Conservation of Paddy Land and Wetland Rules, 2008. The applications were filed on 04.08.2023. The applications are not disposed of so far. Unless the applications are 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 applications submitted by the petitioners can be considered by the competent authority in accordance with law, provided the applications are received, are complete in all respects and are supported by all necessary documents.

5. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.

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6. The petitioners are owners of 4 Ares 71 Sq.m and 14 Ares 80 Sqm of land respectively in Thuravoor Village of Aluva 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 petitioners, the land owned by them is neither paddy land nor wetland. The land is not suitable for paddy cultivation. The petitioners want to use the land for other purposes and hence they have filed applications 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 applications being statutory applications, the competent authority has a legal duty to consider the applications in accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 4 th respondent-Revenue Divisional Officer to consider Exts.P2 and P3 Form-5 applications submitted by the petitioners if the W.P(C) No. 13690 of 2024 6 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.

Sd/-

N.NAGARESH JUDGE Jka/23.04.24.

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APPENDIX OF WP(C) 13690/2024 PETITIONERS' EXHIBITS Exhibit-P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK IN RESPECT OF THE PROPERTY COMPRISING IN BLOCK 13, RE-

SURVEY NO. 248/22-2 AND RE-SURVEY NO.

247/1 OF THURAVOOR VILLAGE PUBLISHED IN THE KERALA GAZETTE DATED 30/1/2021 Exhibit-P2 A TRUE COPY OF THE APPLICATION FILED BY THE 1STPETITIONER IN RESPECT OF THE PROPERTY COMPRISING IN BLOCK 13, RE-

SURVEY NO. 248/22-2 OF THURAVOOR VILLAGE UNDERFORM 5 DATED 4/8/2023 Exhibit-P3 A TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER IN RESPECT OF THE PROPERTY COMPRISING IN BLOCK 13, RE-

SURVEY NO. 247/1 OF THURAVOOR VILLAGE UNDERFORM 5 DATED 4/8/2023