Sherly George vs State Of Kerala
2022 Latest Caselaw 12454 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. 41779 OF 2022
PETITIONERS:
    1     SHERLY GEORGE
          AGED 61 YEARS
          W/O GEORGE, AGED 61,
          CHAKKALAKKAL,
          THATTAZHAM ROAD,
          VADUTHALA P O,
          KOCHI, PIN - 682023.
    2     SHEELA BETSY
          AGED 34 YEARS
          D/O GEORGE, AGED 34,
          CHAKKALAKKAL,
          THATTAZHAM ROAD,
          VADUTHALA P O,
          KOCHI, PIN - 682023.

         BY ADV P.SAREENA GEORGE


RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE,
          GOVT SECRETERIATE
          THIRUVANANTHAPURAM - 695001.
    2     REVENUE DIVISIONAL OFFICER
          FORT KOCHI, KOCHI - 682002.
    3     THE TAHSILDAR
          KANAYANNUR TALUK OFFICE,
          ERNAKULAM,
          KOCHI - 682011.
    4     THE VILLAGE OFFICER
          VILLAGE OFFICE,
          CHERANALLUR - 683544.
    5     AGRICULTURE OFFICER
          KRISHI BHAVAN, VYTTILA , PIN - 682019

         BY SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER.

     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.41779 of 2022
                                  :2 :




                          JUDGMENT

------------------------

Dated this the 23rd day of December, 2022

The petitioners, who are owners of 2.79 Ares of

land in Block No.1 of Cheranallur Village of Kanayannur Taluk

in Ernakulam District, have filed this writ petition seeking to

direct the 2nd respondent to consider and pass orders on

Ext.P4 application within a time frame to be fixed by this

Court.

2. The petitioners state that they are owners of 2.79

Ares of land situated in Survey No.952/1-8 of Block No.1 of

Cheranallur Village of Kanayannur 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 the Data Bank and is described as paddy land in

Revenue records also.

WP(C) No.41779 of 2022

3. The petitioners want to use the land for other

purposes. Hence, the petitioners filed Ext.P4 application in

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 17.06.2022. The application is not disposed of so far.

Unless the application is considered expeditiously, the

petitioners will be put to untold hardship and loss, contend the

petitioners.

4. The Government Pleader representing the

respondents resisted the writ petition. The Government

Pleader controverted all material allegations made by the

petitioners, in the writ petition. The Government Pleader,

however, submitted that since the petitioners have invoked a

statutory remedy under the provisions of the Kerala

Conservation of Paddy Land and Wetland Act, 2008, the

application submitted by the petitioners 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.41779 of 2022

5. I have heard the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents.

6. The petitioners are owners of 2.79 Ares of land

situated in Survey No.952/1-8 of Block No.1 of Cheranallur

Village of Kanayannur 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 petitioners, the

land owned by them is neither paddy land nor wetland. The

land is not suitable for paddy cultivation. The petitioners want

to use the land for other purposes and hence they have filed

an application in Form-5 seeking to remove the land from Data

Bank.

7. The Form-5 application has been filed by the

petitioners invoking their 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 WP(C) No.41779 of 2022

accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 5 th

respondent-Agricultural Officer to forward his report to the 2 nd

respondent-Revenue Divisional Officer, if the same is already

not forwarded. The 2nd respondent-Revenue Divisional Officer

shall take a final decision on Ext.P4 Form-5 application within

a period of three months, after receipt of the report.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.41779 of 2022

APPENDIX OF WP(C) 41779/2022

PETITIONERS' EXHIBIT

EXHIBIT P1 A TRUE COPY OF PARTITION DEED BEARING NO. 643/2018 OF ERNAKULAM SRO.

EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 29-4-2022 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF RELEVANT PAGES OF DATA BANK PUBLISHED BY KRISHI BHAVAN, VYTTILA, CHERANALLUR VILLAGE.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 17-6-2022 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.

EXHIBIT P4(A) A TRUE COPY OF THE FEES RECEIPT OF FORM 5 APPLICATION DATED 17-6-2022.