Kerala High Court
Roselin 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. 13515 OF 2024
PETITIONER/S:
1 ROSELIN,
AGED 54 YEARS W/O.SAJEEV JOHN, MOONJELY HOUSE,
ANGAMALLY. P. O., ANGAMALLY VILLAGE, ALUVATALUK,
ERNAKULAM DISTRICT, PIN - 683572
2 BABU,
AGED 60 YEARS S/O.ANTONY, KANNAMBUZHA HOUSE,
VATTAPPARAMBU P. O., PARAKKADAVU VILLAGE,
ALUVATALUK ,ERNAKULAM DISTRICT, PIN - 683579
BY ADV MEREENA.J.JOSEPH
RESPONDENT/S:
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
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
ERNAKULAM, PIN - 682001
5 LOCAL LEVEL MONITORING COMMITTEE FOR ANGAMALY VILLAGE,
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHIBHAVANANGAMALY,ANGAMALYP O., ERNAKULAM DISTRICT,
PIN - 683572
6 LOCAL LEVEL MONITORING COMMITTEE FOR PARAKKADAVU
VILLAGE, REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER,KRISHIBHAVANPARAKKADAVU,KURUMASSERRY P O.,
ERNAKULAM DISTRICT, PIN - 683579
OTHER PRESENT:
SMT. DEEPA V GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 13515/2024
-2-
JUDGMENT
(Dated this the 23rd day of April 2024) The 1st petitioner is the owner of 4.05 Ares of land in Block 11 of Angamali Village of Aluva Taluk in Ernakulam District and the 2nd petitioner is the owner of 22.70 Ares of land in Block 5 of Parakkadavu Village of Aluva Taluk in Ernakulam District. They have filed this writ petition seeking to direct the 4th respondent- Revenue Divisional Officer to consider and pass orders on Exts.P3 and P4 applications within a time frame to be fixed by this Court.
2. The petitioners 1 and 2 state that they are owners of 4.05 Ares of land situated in Survey No.592/10-2 of Block 11 of Angamali Village of Aluva Taluk in Ernakulam District and 22.70 Ares of land situated in Survey No.315/5 of Block 5 of Parakkadavu Village of Aluva Taluk in Ernakulam District respectively. The lands are garden lands. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the lands are included in Data Bank and is described as 'Nilam' in Revenue records also. WP(C) 13515/2024 -3-
3. The petitioners want to use the lands for other purposes. Hence, the petitioners filed Exts.P3 and P4 applications in Form-5, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P3 was filed on 26.01.2024 and Ext.P4 on 29.02.2024. 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.
WP(C) 13515/2024 -4-
5. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
6. The petitioners 1 and 2 are owners of 4.05 Ares of land situated in Survey No.592/10-2 of Block 11 of Angamali Village of Aluva Taluk in Ernakulam District and 22.70 Ares of land situated in Survey No.315/5 of Block 5 of Parakkadavu Village of Aluva Taluk in Ernakulam District respectively. The lands are 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 lands owned by them is neither paddy land nor wetland. The lands are not suitable for paddy cultivation. The petitioners want to use the lands for other purposes and hence they have filed an applications in Form-5 seeking to remove the lands from Data Bank.
7. The Form-5 applications have been filed by the petitioners invoking the 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 WP(C) 13515/2024 -5- 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 4th respondent-Revenue Divisional Officer to consider Exts.P3 and P4 Form-5 applications submitted by the petitioners if the same are 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 JS WP(C) 13515/2024 -6- APPENDIX OF WP(C) 13515/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK IN RESPECT OF THE PROPERTY COMPRISING INBLOCK 11, RE-SURVEY NO. 592/10-2 OF ANGAMALYVILLAGEISSUED BY THE AGRICULTURAL OFFICER, KRISHIBHAVANANGAMALYDATED 9/5/2018 Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK IN RESPECT OF THE PROPERTY COMPRISING INBLOCK 5, RE-SURVEY NO. 315/5 OF PARAKADUVA VILLAGE ISSUED BY THE AGRICULTURAL OFFICER, KRISHIBHAVANKURUMASSERRY DATED NIL Exhibit-P3 A TRUE COPY OF THE APPLICATION FILED BY THE1STPETITIONER IN RESPECT OF THE PROPERTY COMPRISING IN BLOCK 11, RE-SURVEY NO. 592/10-2 OF ANGAMALYVILLAGE UNDERFORM 5 DATED 26/1/2024 Exhibit-P4 A TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER IN RESPECT OF THE PROPERTY COMPRISING INBLOCK 5, RE-SURVEY NO. 315/5 OF PARAKADUVA VILLAGEUNDERFORM 5 DATED 29/2/2024