Abdul Salam vs State Of Kerala
2022 Latest Caselaw 11475 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                     WP(C) NO. 39712 OF 2022
PETITIONER:

          ABDUL SALAM
          AGED 47 YEARS
          SON OF KUNJAHAMMED HAJI,
          U.T.K.HOUSE, KOTTAPPALLY VILLAGE,
          KOZHIKODE - 673542.

          BY ADV PEEYUS A.KOTTAM


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          REVENUE DEPARTMENT, SECRETARIAT,
          MAHATHMA GANDHI ROAD,
          NEAR CENTRAL STADIUM,
          STATUE JUNCTION, PALAYAM,
          THIRUVANANTHAPURAM - 695001.

    2     REVENUE DIVISIONAL OFFICER
          FORT KOCHI, KB JACOB ROAD,
          FORT KOCHI - 682001.

    3     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENOR/AGRICULTURAL OFFICER,
          KRISHI BHAVAN, EDATHALA, PIN - 683561.

          BY SMT.DEEPA NARAYANAN SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                      2


WP(C) No. 39712 of 2022




                             JUDGMENT

Dated this the 9th day of December, 2022

The petitioner, who is owner of 7.13 Ares of land in Aluva

East Village of Kanayannoor Taluk in Ernakulam District, has filed

this writ petition seeking to direct the 2nd respondent-Revenue

Divisional Officer to consider and pass orders on Ext.P.3

application within a time frame to be fixed by this Court.

2. The petitioner states that he is owner of 7.13 Ares of

land situated in Survey Nos.153/6 and 153/7-2-2 of Aluva East

Village, Kanayannoor Taluk in 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 paddy land in Revenue records also.

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

WP(C) No. 39712 of 2022

Rules, 2008. The application was filed on 22.10.2021. 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. 39712 of 2022

6. The petitioner is owner of 7.13 Ares of land situated in

Survey Nos.153/6 and 153/7-2-2 of Aluva East Village,

Kanayannoor Taluk in Ernakulam 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.

WP(C) No. 39712 of 2022

The writ petition is therefore disposed of directing the 2 nd

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 two months. After obtaining orders on Form-5, it will be

open to the petitioner to prosecute his application under Form-6.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 39712 of 2022

APPENDIX OF WP(C) 39712/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE YEAR 2021-2022 Exhibit P2 THE TRUE COPY OF THE DATA BANK PERTAINING TO THE PETITIONER'S PROPERTY ISSUED BY THE AGRICULTURAL OFFICER Exhibit P3 THE TRUE COPY OF THE FORM 5 APPLICATION DATED 22.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT REVENUE DIVISIONAL OFFICER Exhibit P4 TRUE COPY OF THE AGRICULTURAL OFFICER'S REPORT PERTAINING TO PETITIONER'S PROPERTY SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER DATED 26.10.2022 Exhibit P5 THE TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER ON PETITIONER'S FORM 5 APPLICATION AS REQUESTED BY THE DISTRICT COLLECTOR Exhibit P6 THE TRUE COPY OF THE KSREC REPORT OBTAINED BY THE PETITIONER PERTAINING TO THE PETITIONER'S PROPERTY Exhibit P7 THE TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT REPORTED IN 2020(2) KHC 94 (MATHER NAGAR RESIDENCE ASSOCIATION VS. DISTRICT COLLECTOR, ERNAKULAM AND OTHERS)