Nizam Salim vs The District Collector
2022 Latest Caselaw 12094 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. 42119 OF 2022
PETITIONER

             NIZAM SALIM
             AGED 48 YEARS
             S/O. TB SALIM, THARAKKANDATHIL HOUSE,
             AMBUNADU KARA,
             KIZHAKKAMBALAM, EDATHALA P.O.,ERNAKULAM - 683 561.
             BY ADV ARYA UNNIKRISHNAN


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             FIRST FLOOR, CIVIL STATION, KAKKANAD,
             ERNAKULAM - 682 030.
     2       THE REVENUE DIVISIONAL OFFICER,
             MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR,
             PATTIMATTOM - MUVATTUPUZHA ROAD, MUVATTUPUZHA - 686 673.
     3       THE TAHSILDAR,
             KUNNATHUNADU TALUK OFFICE, KUNNATHUNADU - POOPPANI ROAD,
             PERUMBAVOOR, ERNAKULAM - 683 545.
     4       THE AGRICULTURAL OFFICER,
             KIZHAKKAMBALAM KRISHI BHAVAN, KIZHAKKAMBALAM, ERNAKULAM -
             683 562.

             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:
 WP(C) NO.42119 OF 2022
                                     2


                           JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner, who is owner of 91.51 Ares of land in

Kizhakambalam Village of Kunnathunadu Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 2nd

respondent 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 91.51 Ares

of land situated in Survey Nos.39/1, 39/3, 40/7, 42/4-2 and

42/4-3 of Kizhakambalam Village, Kunnathunadu Taluk in

Ernakulam District, out of which 42.35 Ares of land comprised in

Survey Nos.39/1 and 39/3 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 'Nilam' in

Revenue records also.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P3 application in WP(C) NO.42119 OF 2022

Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy

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

24.11.2022. 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 WP(C) NO.42119 OF 2022

respondents.

6. The petitioner is owner of 91.51 Ares of land situated

in Survey Nos.39/1, 39/3, 40/7, 42/4-2 and 42/4-3 of

Kizhakambalam Village, Kunnathunadu Taluk in Ernakulam

District, out of which 42.35 Ares of land comprised in Survey

Nos.39/1 and 39/3 is garden land.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 WP(C) NO.42119 OF 2022

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 2nd

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 hmh WP(C) NO.42119 OF 2022

APPENDIX OF WP(C) 42119/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 06.06.2022.

Exhibit P2 TRUE COPY OF THE DRAFT DATA BANK ISSUED BY THE KIZHAKKAMBALAM KRISHI BHAVAN.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 24.11.2022.

Exhibit P4 THE RECEIPT OF THE FEES FOR THE APPLICATION DATED 01.12.2022.