Shameer K.H vs The Revenue Divisional Officer
2022 Latest Caselaw 12049 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                     WP(C) NO. 41911 OF 2022
PETITIONER:

          SHAMEER K.H.,
          AGED 40 YEARS, S/O HYDROSE.
          KALARIKKAPARAMBIL HOUSE,
          BRAHMAPURAM P.O,
          ERNAKULAM - 682303.

          BY ADV ANU S NAIR


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE,
          MUVATTUPUZHA, PIN-686673.

    2     THAHASILDAR,
          KUNNATHUNADU TALUK,
          TALUK OFFICE,
          KUNNATHUNADU-P.O, PIN-683543

    3     THE VILLAGE OFFICER,
          KUNNATHUNADU VILLAGE
          KUNNATHUNADU-P.O, PIN-683543.

          SMT.VIDYA KURIAKOSE GP.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     2


WP(C) No. 41911 of 2022




                            JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner, who is owner of 1.69 Ares of land in

Kunnathunadu Village of Kunnathunadu Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 1 st

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 1.69 Ares of

land situated in Re-Survey No.311/4-1-5 in old Survey No.601/5A,

5B of Kunnathunadu Village, Kunnathunadu 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.

WP(C) No. 41911 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 the

competent authority in accordance with law, provided the

application is received, is complete in all respects and is

supported by all necessary documents.

WP(C) No. 41911 of 2022

5. I have heard the learned counsel for the petitioner and

the learned Government Pleader representing the respondents.

6. The petitioner is owner of 1.69 Ares of land situated in

Re-Survey No.311/4-1-5 in old Survey No.601/5A, 5B of

Kunnathunadu Village, Kunnathunadu 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

WP(C) No. 41911 of 2022

law, within a reasonable time.

The writ petition is therefore disposed of directing the 1 st

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 ams

WP(C) No. 41911 of 2022

APPENDIX OF WP(C) 41911/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 05.05.2022.

Exhibit P2 TRUE COPY OF DATA BANK EXTRACT.

Exhibit P3                   THE TRUE COPY OF THE FORM 5 APPLICATION
                             DATED     21.11.2022    NUMBERED     AS

44/2022/429600 IN THE 1ST RESPONDENT'S OFFICE.