Jerit John Abraham vs District Collector
2022 Latest Caselaw 9524 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                     WP(C) NO. 27535 OF 2022
PETITIONER:

            JERIT JOHN ABRAHAM
            AGED 42 YEARS
            S/O. T. J. ABRAHAM, 1/164, PUTHENVEETTIL,
            KUMBANAD PO, KOIPURAM, PATHANAMTHITTA-689547.
            BY ADVS.
            N.G.ANITHA
            DR.ABHILASH O.U.


RESPONDENTS:

    1       DISTRICT COLLECTOR
            2ND FLOOR, COLLECTORATE RD, CHITTOOR,
            PATHANAMTHITTA - 689645.
    2       THE REVENUE DIVISIONAL OFFICER,
            THIRUVALLA REVENUE DIVISIONAL OFFICE,
            PALIKARA RD, THIRUVALLA, PATHANAMTHITTA-689101.
    3       THE TAHSILDAR,
            MALLAPPALLY TALUK OFFICE, KOTTAYAM - KOZHENCHERY
            RD, MALLAPPALLY, PATHANAMTHITTA-689585.
    4       THE AGRICULTURAL OFFICER,
            PURAMATTOM KRISHI BHAVAN, KALLUPALAM BRIDGE,
            TIRUVALLA - RANNI RD, PURAMATTAM,
            PATHANAMTHITTA-689543.

            SMT.SURYA BINOY SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   25.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.27535 OF 2022

                                2




                              JUDGMENT

Dated this the 25th day of August, 2022

The petitioner, who is owner of 24.13 Ares of land in

Block No.20 of Puramattom Village of Mallappally Taluk in

Pathanamthitta District, has filed this writ petition seeking to

direct the 2nd respondent-Revenue Divisional Officer 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 24.13 Ares

of land situated in Survey Nos.163/15-1 and 165/1 of Block

No.20 of Puramattom Village, Mallappally Taluk in

Pathanamthitta District, out of which 21.70 Ares of land

comprised in Survey No.165/1 is 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.

WP(C) NO.27535 OF 2022

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 and Wetland Rules, 2008. The application was

filed on 27.06.2022. 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 WP(C) NO.27535 OF 2022

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.

6. The petitioner is owner of 24.13 Ares of land

situated in Survey Nos.163/15-1 and 165/1 of Block No.20 of

Puramattom Village, Mallappally Taluk in Pathanamthitta

District, out of which 21.70 Ares of land comprised in Survey

No.165/1 is garden land. 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. WP(C) NO.27535 OF 2022

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.

The writ petition is therefore disposed of directing the

2nd respondent-Revenue Divisional Officer to consider Ext.P3

Form-5 application submitted by the petitioner 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.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.27535 OF 2022

APPENDIX OF WP(C) 27535/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.5.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE ADDITIONAL DATA BANK OF PURAMATTOM VILLAGE PUBLISHED ON 1.2.2021.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 FILED BEFORE THE 2ND RESPONDENT DATED 27.6.2022.

RESPONDENT'S/S EXHIBITS : NIL