Rajendrakumar vs The Revenue Divisional Officer
2022 Latest Caselaw 9825 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                  WP(C) NO. 6180 OF 2022
PETITIONERS:

    1    RAJENDRAKUMAR
         AGED 60 YEARS
         S/O. EASWARAN, MATTANAYIL,
         GREESHMAYIL, KAKKANAD, PIN-682021.
    2    DR. CHANDRAMATHY KARUNAKARAN A.,
         AGED 51 YEARS
         W/O. RAJENDRAKUMAR, GREESHMA,
         THRIKKAKARA, KAKKANAD, PIN-682021.
    3    GOWRI RAJ,
         AGED 39 YEARS
         W/O.PRASANTH, GREESHMA,
         THRIKKAKARA, KAKKANAD, PIN-682021.
    4    GAYATHRI RAJ,
         AGED 36 YEARS
         W/O. ALAN JOSEPH, 13 B,
         SKYLINE IMPERIAL GARDENS APARTMENTS,
         KALOOR, PIN-682017.
         BY ADVS.
         P.K.SAJEEVAN
         K.A.ABDUL NISTAR
         RAMLAL V.R.
         O.U.ANISH RAJ
         A.H.SINCEY
         RADHAKRISHNAN B.


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         FORT KOCHI, PIN-682001.
 WP(C) NO.6180 OF 2022

                                   2


     2          TAHSILDAR (LR),
                KANAYANNUR TALUK,
                ERNAKULAM, PIN-682011.
     3          THE VILLAGE OFFICER,
                EDAPPALLY NORTH,
                PONEKKARA AIMS P.O., KOCHI-682041.

                SRI.SYAMANTHAK B S, GP


         THIS    WRIT   PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   31.08.2022,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.6180 OF 2022

                                   3


                                  JUDGMENT

Dated this the 31st day of August, 2022

The petitioners, who are owners of 7.16 Ares, 5.54 Ares,

21.69 Ares and 25.59 Ares of land respectively, in Block No.36

of Aluva East Village of Aluva Taluk in Ernakulam District,

have filed this writ petition seeking to direct the

1st respondent-Revenue Divisional Officer to consider and

pass orders on Exts.P5 to P5(d) applications within a time

frame to be fixed by this Court.

2. The petitioners state that the 1st petitioner is owner

of 7.16 Ares of land in Survey No.256/77, the 2 nd petitioner is

owner of 5.54 Ares of land in Survey Nos.256/10-2-2 and

256/10-3-2, the 3rd petitioner is owner of 21.69 Ares of land in

Survey Nos.256/11-2, 256/20-2, 256/27-2, 256/11-3 and

256/26-2-2 and the 4th petitioner is owner of 25.59 Ares of

land in Survey Nos.256/12-2, 256/26-2, 256/10-3-3 and

256/11-4 of Block No.36 of Aluva East Village, Aluva Taluk in WP(C) NO.6180 OF 2022

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.P5 to P5(d)

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

Conservation of Paddy Land and Wetland Rules, 2008. The

applications were filed on 22.09.2022. 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 WP(C) NO.6180 OF 2022

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.

6. The 1st petitioner is owner of 7.16 Ares of land in

Survey No.256/77, the 2nd petitioner is owner of 5.54 Ares of

land in Survey Nos.256/10-2-2 and 256/10-3-2, the

3rd petitioner is owner of 21.69 Ares of land in Survey

Nos.256/11-2, 256/20-2, 256/27-2, 256/11-3 and 256/26-2-2

and the 4th petitioner is owner of 25.59 Ares of land in Survey

Nos.256/12-2, 256/26-2, 256/10-3-3 and 256/11-4 of Block

No.36 of Aluva East Village, Aluva Taluk in Ernakulam District. WP(C) NO.6180 OF 2022

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 are

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 applications have been filed by the

petitioners invoking their statutory right under Rule 4(d) 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

1st respondent-Revenue Divisional Officer to consider Exts.P5

to P5(d) Form-5 applications submitted by the petitioners if WP(C) NO.6180 OF 2022

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 two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.6180 OF 2022

APPENDIX OF WP(C) 6180/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.840/1995 DATED 13.2.1995.

Exhibit P1(a) TRUE COPY OF THE SALE DEED NO.3922/1997 DATED 8.12.1997.

Exhibit P1(b) TRUE COPY OF THE SALE DEED NO.1631/98 DATED 8.6.1998.

Exhibit P1(c) TRUE COPY OF THE SALE DEED NO.1576/1998 DATED 20.5.1998.

Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED NO.1262/18 DATED 28.3.2018 OF ALUVA SRO.

Exhibit P2(a) TRUE COPY OF THE SETTLEMENT DEED NO.1261/18 DATED 28.3.2018 OF ALUVA SRO.

Exhibit P2(b) TRUE COPY OF THE SETTLEMENT DEED NO.1263/18 DATED 28.3.2018 OF ALUVA SRO.

Exhibit P2(c) TRUE COPY OF THE SETTLEMENT DEED NO.1264/2018 DATED 28.3.2018 OF ALUVA SRO.

Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 19.7.2021 ISSUED BY THE VILLAGE OFFICER, ALUVA EAST VILLAGE TO THE 1ST PETITIONER.

Exhibit P3(a) TRUE COPY OF THE TAX RECEIPT DATED 18.9.2020 ISSUED BY THE VILLAGE OFFICER, ALUVA EAST VILLAGE TO THE 2ND PETITIONER.

Exhibit P3(b) TRUE COPY OF THE TAX RECEIPT DATED 18.9.2020 ISSUED BY THE VILLAGE OFFICER, ALUVA EAST VILLAGE TO THE 3RD PETITIONER.

Exhibit P3(c) TRUE COPY OF THE TAX RECEIPT DATED 18.9.2020 ISSUED BY THE VILLAGE OFFICER, ALUVA EAST VILLAGE TO THE 4TH PETITIONER.

WP(C) NO.6180 OF 2022

Exhibit P3(d) TRUE COPY OF THE TAX RECEIPT DATED 18.9.2020 ISSUED BY THE VILLAGE OFFICER, ALUVA EAST VILLAGE TO THE PETITIONERS 2 TO 4.

Exhibit P4 TRUE COPY OF THE DATA BANK. Exhibit P5 TRUE COPY OF THE FORM 5 DATED 22.9.2020 SUBMITTED BY THE 1ST PETITIONER.

Exhibit P5(a) TRUE COPIES OF THE FORM 5 DATED 22.9.2020 SUBMITTED BY THE 2ND PETITIONER.

Exhibit P5(b) TRUE COPIES OF THE FORM 5 DATED 22.9.2020 SUBMITTED BY THE 3RD PETITIONER.

Exhibit P5(c) TRUE COPIES OF THE FORM 5 DATED 22.9.2020 SUBMITTED BY THE 4TH PETITIONER.

Exhibit P5(d) TRUE COPIES OF THE FORM 5 DATED 22.9.2020 SUBMITTED BY THE 2 TO 4.

Exhibit P6 TRUE COPY OF THE COVERING LETTER AND REPORT DATED 2.8.2021 OF THE LMC REGARDING THE PROPERTY OF THE 1ST PETITIONER.

Exhibit P6(a) TRUE COPY OF THE REPORT DATED 2.8.2021 OF THE LMC REGARDING THE PROPERTY OF THE 2ND PETITIONER.

Exhibit P6(b) TRUE COPY OF THE REPORT DATED 2.8.2021 OF THE LMC REGARDING THE PROPERTY OF THE 3RD PETITIONER.

Exhibit P6(c) TRUE COPY OF THE REPORT DATED 2.8.2021 OF THE LMC REGARDING THE PROPERTY OF THE 4TH PETITIONER.

Exhibit P6(d) TRUE COPY OF THE REPORT DATED 2.8.2021 OF THE LMC REGARDING THE PROPERTY OF THE PETITIONERS 2 TO 4.

RESPONDENT'S/S EXHIBITS : NIL