Sajeer K.H vs The Revenue Divisional Officer
2022 Latest Caselaw 11821 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                       WP(C) NO. 41667 OF 2022
PETITIONER:

          SAJEER K.H
          AGED 42 YEARS
          S/O HYDROSE KALARIKKAPARAMBIL HOUSE,
          BRAHMAPURAM P.O, PIN-682 303
          ERNAKULAM DISTRICT.

          BY ADV ANU S NAIR


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE,
          MUVATTUPUZHA, PIN-686 673.
    2     THAHASILDAR
          KUNNATHUNDU TALUK, TALUK OFFICE,
          KUNNATHUNADU-P.O, PIN -683 543.
    3     THE VILLAGE OFFICER
          KUNNATHUNADU VILLAGE,
          KUNNATHUNADU-P.O, PIN-683 543.

          SMT.VIDYA KURIAKOSE GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.41667 of 2022



                              2


                          JUDGMENT

Dated this the 21st day of December, 2022

The petitioner, who is owner of 2.20 Ares of land in

Block No.36 of Kunnathunad Village of Kunnathunad Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 1st 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 2.20 Ares

of land situated in Survey Nos.311/4-1-2 and 311/4-1-3 of

Block No.36 of Kunnathunad Village, Kunnathunad 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 'Nilam' in Revenue records also.

WP(C) No.41667 of 2022

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 Rules, 2008. The application was

filed on 21.11.2022. 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 WP(C) No.41667 of 2022

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.

6. The petitioner is owner of 2.20 Ares of land situated

in Survey Nos.311/4-1-2 and 311/4-1-3 of Block No.36 of

Kunnathunad Village, Kunnathunad 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 WP(C) No.41667 of 2022

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

1st 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.41667 of 2022

APPENDIX OF WP(C) 41667/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 20.04.2022.

Exhibit P2 TRUE COPY OF DATA BANK EXTRACT.

Exhibit P3 THE TRUE COPY OF THE FORM 5 APPLICATION DATED 21.11.2022 NUMBERED AS 43/2022/429600 IN THE 1ST RESPONDENT'S OFFICE.