K. Janardhanan vs The District Collector
2022 Latest Caselaw 9882 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. 28062 OF 2021
PETITIONER:

         K. JANARDHANAN.,
         AGED 64 YEARS
         S/O. (LATE), KUNHIKRISHNAN EZHUTHACHAN,
         PANANGATTIL HOUSE, VENNUR P.O.,
         THRISSUR DISTRICT 680 587.

         BY ADV K.AMAR RAGH


RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         COLLECTORATE , THRISSUR DISTRICT 680 003.

    2    AGRICULTURAL OFFICER,
         KRISHI BHAVAN, PAZHAYANNUR,
         THRISSUR DISTRICT 680 587.

    3    TAHSILDAR,
         THALAPPILLY TALUK,
         THRISSUR DISTRICT, 680 580.

    4    VILLAGE OFFICER,
         VILLAGE OFFICE, ELANADU,
         THRISSUR DISTRICT, 680 582.

    5    LOCAL LEVEL MONITORING COMMITTEE,
         REPRESENTED BY ITS CONVENER,
         KRISHI BHAVAN, PAZHAYANNUR,
         PAZHAYANNUR P.O., THRISSUR 680 587.
 WP(C) NO.28062 OF 2021

                                    2



     6       ADDL. REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE
             THRISSUR DISTRICT
             IS IMPLEADED AS THE ADDITIONAL 6TH RESPONDENT
             AS PER ORDER DATED 31.08.2022 IN I.A NO.2/2022


             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.28062 OF 2021

                              3


                           JUDGMENT

Dated this the 31st day of August, 2022

The petitioner, who is owner of certain extent of land in

Survey Nos.256/1 and 260/2 of Vennur Village of Thrissur

District, has filed this writ petition seeking to direct the

additional 6th respondent-Revenue Divisional Officer to

consider and pass orders on Form-5 application evidenced by

Ext.P7 receipt within a time frame to be fixed by this Court.

2. The petitioner states that he is owner of certain

extent of land in Survey Nos.256/1 and 260/2 of Vennur

Village of Thrissur 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 application in Form-5,

invoking Rule 4(d) of the Kerala Conservation of Paddy Land WP(C) NO.28062 OF 2021

and Wetland Rules, 2008. The application was filed on

28.12.2021. 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.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C) NO.28062 OF 2021

6. The petitioner is owner of certain extent of land in

Survey Nos.256/1 and 260/2 of Vennur Village of Thrissur

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.

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

additional 6th respondent-Revenue Divisional Officer to WP(C) NO.28062 OF 2021

consider Form-5 application evidenced by Ext.P7 receipt

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.28062 OF 2021

APPENDIX OF WP(C) 28062/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION ALONG WITH THE FORWARDING NOTE BY THE IST RESPONDENT DATED 04/12/2019.

Exhibit P2 TRUE COPY OF THE REPORT ISSUED FROM BY THE VILLAGE OFFICER, ELANAD DATED 23/1/2020.

Exhibit P3 TRUE COPY OF THE COMMUNICATION BEARING FILE NO. DCTSR/3004/2020-B6 DATED 07/3/2020 INSTRUCTED THE 2ND RESPONDENT TO TAKE APPROPRIATE ACTION UPON THE PETITIONERS EXHIBIT P1 APPLICATION.

Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER FOR THE SAID PROPERTY FROM THE ELANADU VILLAGE OFFICE DATED 08/03/2020.

Exhibit P5 TRUE COPY OF THE REPORT ISSUED BY THE AGRICULTURAL OFFICER, PAZHAYANNUR KRISHI BHAVAN, DATED 06/02/2021.

Exhibit P6 COPY OF THE REPLY UNDER RTI RECEIVED FROM THE 2ND RESPONDENT Exhibit P7 COPY OF THE RECEIPT ISSUED AGAINST HIS APPLICATION UNDER RULE 5 ISSUED FROM THE 6TH RESPONDENT DATED 28.12.2021

RESPONDENT'S/S EXHIBITS :