Kerala High Court
Mohan Kuruvila vs State Of Kerala on 25 August, 2022
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. 21739 OF 2022
PETITIONER:
MOHAN KURUVILA, AGED 49 YEARS
S/O. C.V.KURUVILA, CHUNDANGAL HOUSE,
THRIKANARVATTOM, ERNAKULAM DISTINCT - 682018
BY ADVS.
M.R.JAYALATHA
AMRUTHA DIWAKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
FIRST FLOOR, KB JACOB ROAD,
FORT KOCHI ERNAKULAM DISTRICT , PIN - 682001
3 AGRICULTURE OFFICER
KRISHI BHAVAN VYTTILA , MAHAKAVI VAILOPILLI ROAD,
ERNAKULAM DISTRICT , PIN - 682019
4 THE TAHSILDAR (LR)
KANAYANNUR TALUK, PARK AVANUE ROAD,
ERNAKULAM DISTRICT, PIN - 682011
5 THE VILLAGE OFFICER
EDAPPALLY SOUTH VILLAGE, VILLAGE OFFICE ROAD,
VENNALA, ERNAKULAM DISTRICT, PIN - 680028
BY ADV GOVERNMENT PLEADER
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.21739 OF 2022
2
JUDGMENT
Dated this the 25th day of August, 2022
The petitioner, who is holding 2.20 Ares of land in Survey
Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South
Village of Kanayannur Taluk in Ernakulam District, has
approached this Court seeking to direct the 2 nd respondent-
Revenue Divisional Officer to consider and pass orders on
Exts.P9 and P6 applications, within a time frame.
2. The petitioner states that he holds 2.20 Ares of land
in Survey Nos.47/7A-11 and 47/7B-2 in Block No.1 of
Edappally South Village of Kanayannur Taluk in Ernakulam
District. The land is a garden land. However, it has been
described as 'Nilam' in the Data Bank and Revenue records.
3. The petitioner would state that the property of the
petitioner is not a paddy land and is not suitable for paddy
cultivation. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P9 application in
WP(C) NO.21739 OF 2022
Form-5, invoking the provisions of Rule 4(d) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008 for
removing the land from the Data Bank. The petitioner also
submitted Ext.P6 application in Form-6 before the Revenue
Divisional Officer, invoking the provisions of Rule 12(1) of the
Kerala Conservation of Paddy Land and Wetland Rules, 2008
to make necessary changes in the nature of land in Revenue
records. Form 5 application was filed on 28.07.2022 and
Form 6 application was filed on 26.05.2022. The applications
are not disposed of so far. Unless the applications are
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
WP(C) NO.21739 OF 2022
Conservation of Paddy Land and Wetland Act, 2008, the
applications submitted by the petitioner 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 petitioner
and the learned Government Pleader representing the
respondents.
6. The petitioner is owner 2.20 Ares of land in Survey
Nos.47/7A-11 and 47/7B-2 in Block No.1 of Edappally South
Village of Kanayannur Taluk in Ernakulam District. According
to the petitioner, the land is not a paddy land or wetland. In
order to use the land for other purposes, the petitioner has
submitted Ext.P9 application for removal of the land from the
Data Bank and Ext.P6 application for change of nature of the
land in Revenue records.
7. Exts.P9 and P6 applications are made by the
petitioner invoking the provisions contained in the Kerala
WP(C) NO.21739 OF 2022
Conservation of Paddy Land and Wetland Act, 2008 and the
Rules made thereunder. As the petitioner has invoked
statutory remedies, the competent authority, namely the
2nd respondent-Revenue Divisional Officer, is bound to
consider the applications within a reasonable time and take a
decision thereon, in accordance with law.
In the facts of the case, the writ petition is disposed of
directing the 2nd respondent-Revenue Divisional Officer to
consider Ext.P9 Form-5 application and take a decision
thereon, within a period of two months. Depending upon the
outcome of Ext.P9 application, the 2nd respondent-Revenue
Divisional Officer shall pass orders on Ext.P6 Form-6
application, within a further period of two months.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) NO.21739 OF 2022
APPENDIX OF WP(C) 21739/2022
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPIES OF THE PHOTOGRAPHS OF
THE PROPERTY OF THE PETITIONER
Exhibit-P2 A TRUE COPY OF THE SALE DEED
NO.5357/2005 DATED 8.8.2005
Exhibit-P3 A TRUE COPY OF THE BUILDING TAX
RECEIPT ISSUED BY THE KOCHI MUNICIPAL
CORPORATION DATED 21.5.2022
Exhibit-P4 A TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER
EDAPPALLY SOUTH VILLAGE DATED
19.5.2022
Exhibit-P5 A TRUE COPY OF THE RELEVANT PAGES OF
DATA BANK ISSUED BY AGRICULTURAL
OFFICER VYTTILA
Exhibit-P6 A TRUE COPY OF THE APPLICATION IN FORM
6 DATED 26.5.2022 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT
Exhibit-P7 A TRUE COPY OF THE RECEIPT ISSUED BY
THE REVENUE DEPARTMENT DATED 26.5.2022
Exhibit-P8 A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE 2ND RESPONDENT DATED
12.6.2022
Exhibit P9 A TRUE COPY OF THE APPLICATION IN FORM
5 DATED 28-7-2022 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
Exhibit P10 A TRUE COPY OF THE RECEIPT ISSUED BY
THE REVENUE DEPARTMENT DATED 28-7-
2022.
RESPONDENT'S/S EXHIBITS : NIL
