V.L. Philip vs The Village Officer
2022 Latest Caselaw 9526 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. 27487 OF 2022
PETITIONER:

            V.L. PHILIP
            AGED 71 YEARS
            S/O.V.L.LUKE (LATE), VETTICKAL HOUSE,
            VELIYANNOOR P.O., UZHAVOOR,
            KOTTAYAM DISTRICT, PIN - 686 634.
            BY ADVS.
            M.G.KARTHIKEYAN
            NIREESH MATHEW


RESPONDENTS:

    1       THE VILLAGE OFFICER
            UZHAVOOR VILLAGE, UZHAVOOR P.O.,
            KOTTAYAM DISTRICT, PIN - 686 634.
    2       THE TAHSILDAR
            MEENACHIL TALUK, PALA P.O., KOTTAYAM DISTRICT,
            PIN - 686 575.
    3       THE REVENUE DIVISIONAL OFFICER, PALA, PALA P.O.,
            KOTTAYAM DISTRICT, PIN - 686 575.
    4       THE DISTRICT COLLECTOR
            COLLECTORATE P.O., KOTTAYAM, PIN- 686 002.
    5       THE AGRICULTURAL OFFICER (CONVENER)
            LOCAL LEVEL MONITORING COMMITTEE,
            VELIYANNOOR PANCHAYATH, VELIYANNOOR P.O.,
            KOTTAYAM DISTRICT, PIN - 686 634.

            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.27487 OF 2022

                              2


                           JUDGMENT

Dated this the 25th day of August, 2022

The petitioner, who is owner of 30.50 Ares of land in

Block No.1 of Uzhavoor Village of Meenachil Taluk in

Kottayam District, has filed this writ petition seeking to direct

the 3rd 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 30.50 Ares

of land situated in Survey No.439/12 of Block No.1 of

Uzhavoor Village, Meenachil Taluk in Kottayam 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 petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P3 application in WP(C) NO.27487 OF 2022

Form-5, invoking Rule 4(d) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. The application was

filed on 24.02.2022. 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. WP(C) NO.27487 OF 2022

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner is owner of 30.50 Ares of land

situated in Survey No.439/12 of Block No.1 of Uzhavoor

Village, Meenachil Taluk in Kottayam 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. WP(C) NO.27487 OF 2022

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

3rd 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.27487 OF 2022

APPENDIX OF WP(C) 27487/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE NOTIFICATION PUBLISHED BY THE VELIYANNOOR GRAMA PANCHAYATH EVIDENCING THE INCLUSION IN THE DATA BANK, DATED 03/02/2021.

Exhibit P2 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 15/02/2022.

Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED IN FORM - 5 DATED 24/02/2022.

RESPONDENT'S/S EXHIBITS : NIL