Ginny Francis vs The Revenue Divisional Officer
2022 Latest Caselaw 12084 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. 42166 OF 2022
PETITIONER

             GINNY FRANCIS
             AGED 57 YEARS
             S/O.FRANCIS, PAYYAPPILLY HOUSE, MUKUNDAPURAM,
             KIZHAKKEMURI, THIRUMUDIKKUNNU P.O. THRISSUR 680 308.
             BY ADVS.
             K.J.MANU RAJ
             K.VINAYA


RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER
             FORTKOCHI, X69V +2HV, 1ST FLOOR, K.B JACOB ROAD,
             FORTKOCHI ERNAKULAM -682001.
     2       THE VILLAGE OFFICER,
             ALUVA TALUK, KALADY VILLAGE ERNAKULAM DISTRICT - 683101.
     3       AGRICULTURAL OFFICER,
             BUS STOP, POLICE STATION, KALADY, MALAYATTOOR ROAD,
             MEKALADY, KALADY, ERNAKULAM - 683574.

             SMT.DEEPA NARAYANAN - SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.42166 OF 2022
                                   2


                          JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner, who is owner of 18.29 Ares of land in

Kalady Village of Aluva Taluk in Ernakulam District, has filed

this writ petition seeking to direct the 1st respondent to consider

and pass orders on Ext.P1 application within a time frame to be

fixed by this Court.

2. The petitioner states that he is owner of 18.29 Ares

of land situated in Survey Nos.128/13-2, 128/22 and 128/23 in

Block No.27 of Kalady Village, Aluva Taluk in Ernakulam

District. The land is garden land. It is not cultivated with paddy.

It is not fit for paddy cultivation either. However, the land is

included in the 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.P1 application in

Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy WP(C) NO.42166 OF 2022

Land and Wetland Rules, 2008. The application was filed on

02.11.2022 . 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.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C) NO.42166 OF 2022

6. The petitioner is owner of 18.29 Ares of land situated

in Survey Nos.128/13-2, 128/22 and 128/23 in Block No.27 of

Kalady Village, Aluva 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.42166 OF 2022

The writ petition is therefore disposed of directing the

1st respondent-Revenue Divisional Officer to consider Ext.P1

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 four months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.42166 OF 2022

APPENDIX OF WP(C) 42166/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 2.11.2022.

Exhibit P2 A TRUE COPY OF THE RECEIPT OF FORM 5 DATED 2.11.2022.

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER KALADY DATED 27.10.2022.