P.V.Thomas vs The Revenue Divisional Officer, ...
2022 Latest Caselaw 12546 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. 42508 OF 2022
PETITIONER:

             P.V.THOMAS
             AGED 75 YEARS
             S/O VARKEY, PALAKKUNNEL
             KOLENCHERY, ERNAKULAM DISTRICT-682311

             BY ADVS.
             PAUL K.VARGHESE
             A.A.GEETHA


RESPONDENT:

             THE REVENUE DIVISIONAL OFFICER
             MUVATTUPUZHA
             ERNAKULAM DISTRICT-686669


       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.42508 of 2022



                              2


                           JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner, who is owner of 21 Ares of land in Block

No.46 of Mazhuvannoor Village of Kunnathunadu Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 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 21 Ares of

land situated in Re-Survey No.245/7 of Block No.46 of

Mazhuvannoor 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 'Nilam' in

Revenue records also.

WP(C) No.42508 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 07.12.2022. 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

respondent 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 WP(C) No.42508 of 2022

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

respondent.

6. The petitioner is owner of 21 Ares of land situated

in Re-Survey No.245/7 of Block No.46 of Mazhuvannoor

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 WP(C) No.42508 of 2022

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-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 spk WP(C) No.42508 of 2022

APPENDIX OF WP(C) 42508/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.1467/1989 OF PUTHENCRUZ SRO DATED 25.04.1989.

Exhibit P2        PHOTOGRAPH OF THE SAID PROPERTY
Exhibit P3        TRUE COPY OF THE APPLICATION SUBMITTED
                  BY    THE    PETITIONER   BEFORE   THE
                  RESPONDENT DATED 07.12.2022