P.U.Sebastian vs Revenue Divisional Officer, ...
2022 Latest Caselaw 12450 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      WP(C) NO. 42265 OF 2022
PETITIONER

             P.U.SEBASTIAN,
             AGED 58 YEARS
             S/O.UTHUP, PARAPPULLY HOUSE,
             12/370/1, MASTER AVENUE ROAD, THRISSUR EAST,
             THRISSUR-680 005.

             BY ADVS.
             C.A.CHACKO
             C.M.CHARISMA

RESPONDENT

             REVENUE DIVISIONAL OFFICER, THRISSUR,
             REVENUE DIVISIONAL OFFICE, CIVIL STATION,
              AYYANTHOLE, THRISSUR, PIN-680003.


             BY SMT. VIDYA KURIAKOSE GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.42265 of 2022
                                 2



                         JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner, who is owner of 15.91 Ares of land in

Marathakkara Village of Thrissur Taluk in Thrissur District, has

filed this writ petition seeking to direct the respondent to

consider and pass orders on Ext.P2 application within a time

frame to be fixed by this Court.

2. The petitioner states that he is owner of 15.91 Ares

of land situated in Survey Nos.82/27, 82/28, 82/29, 82/30,

82/32, 83/33 and 82/72 of Marathakkara Village, Thrissur

Taluk in Thrissur 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 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.P2 application in

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 13.12.2022. The application is not disposed of so far. WP(C) No.42265 of 2022

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.

6. The petitioner is owner of 15.91 Ares of land

situated in Survey Nos.82/27, 82/28, 82/29, 82/30, 82/32, WP(C) No.42265 of 2022

83/33 and 82/72 of Marathakkara Village, Thrissur Taluk in

Thrissur 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.

The writ petition is therefore disposed of directing

the respondent to consider Ext.P2 Form-5 application

submitted by the petitioner if the same is received, supported

by all requisite documents and paying prescribed fee, if any, WP(C) No.42265 of 2022

and to pass orders thereon in accordance with law, within a

period of three months.

Sd/-

N. NAGARESH, JUDGE

smm WP(C) No.42265 of 2022

APPENDIX OF WP(C) 42265/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF TAX RECEIPTS DATED 6/9/2021 AND 18/5/2022 ISSUED FROM MARATHAKKARA VILLAGE OFFICE 13/8/2021 Exhibit P2 TRUE COPY OF FORM 5 APPLICATION SUBMITTED BEFORE RESPONDENT DATED 13/12/2022.