Rathnakumari vs The District Collector
2022 Latest Caselaw 8353 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21478 OF 2022
PETITIONERS
    1    RATHNAKUMARI
         AGED 53 YEARS
         W/O. SADANANDAN, KARAYIL HOUSE, MANNAM P.O.,
         PARAVUR, ERNAKULAM-683520.
    2    SADANANDAN,
         AGED 61 YEARS
         S/O. MADHAVAN,
         KARAYIL HOUSE,
         MANNAM P.O., PARAVUR,
         ERNAKULAM - 683520.
         BY ADVS.
         RENI JAMES
         BINIYAMIN K.S.
RESPONDENTS

    1          THE DISTRICT COLLECTOR
               FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
               THRISSUR - 680003
    2          THE REVENUE DIVISIONAL OFFICER,

               REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION,
               CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR -
               680125.
    3          THE TAHSILDAR,
               MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM,
               CHEMMANDA ROAD, IRINJALAKUDA, THRISSUR -
               680125.

    4          THE AGRICULTURAL OFFICER,
               KARALAM KRISHI BHAVAN, KIZHUTHANI PORATHISSERY
               ROAD, KIZHUTHANI, KARALAM, THRISSUR 680125.
               SRI.SYAMANTHAK B S, GP
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.21478 of 2022         :2:



                        JUDGMENT

Dated this the 1st day of July, 2022

The petitioners, who are owners of 54.63 Ares of land in

Manavalassery Village of Mukundapuram Taluk in Thirssur

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

respondent to consider and pass orders on Ext.P3

application within a time frame to be fixed by this Court.

2. The petitioners state that they are owners of 54.63

Ares of land, out of which 21 Ares and 4 square metres is

comprised in Survey No.305/1-4 and 33.59 Ares of land is

comprised in Survey No.305/1-3 of Manavalassery Village,

Mukundapuram 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 petitioners want 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 11.02.2022 . The application is not disposed of so

far. Unless the application is considered expeditiously, the

petitioners will be put to untold hardship and loss, contends

the petitioner.

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.

5. I have heard the learned counsel for the

petitioners and the learned Government Pleader

representing the respondents.

6. The petitioners are owners of 54.63 Ares of land,

out of which 21 Ares and 4 square metres is comprised in

Survey No.305/1-4 and 33.59 Ares of land is comprised in

Survey No.305/1-3 of Manavalassery Village,

Mukundapuram 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

petitioners, the land owned by them is neither paddy land nor

wet land. 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 accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing

the 2nd respondent to consider Ext.P3 Form-5 application

submitted by the petitioners 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

smm/04.07.2022

APPENDIX OF WP(C) 21478/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 10.02.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 11.02.2022.