Joy.K.O vs State Of Kerala
2022 Latest Caselaw 8578 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 22023 OF 2022
PETITIONER

             JOY.K.O
             AGED 59 YEARS
             S/O. OUSEPH, KALLARACKAL HOUSE, PARAKKADAVU, ELAVOOR P.O,
             ERNAKULAM DISTRICT, PIN - 683572.
             BY ADV AVANEESH KOYIKKARA


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
     2       KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
             1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
             UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695033,
             REPRESENTED BY ITS DIRECTOR.
     3       REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, FORT KOCHI, KB JACOB ROAD,
             FORT KOCHI, ERNAKULAM DISTRICT - 682001.
     4       AGRICULTURAL FILED OFFICER
             KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY P.O,
             ERNAKULAM DISTRICT, PIN - 683579.
     5       LOCAL LEVEL MONITORING COMMITTEE.
             REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
             KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY P.O,
             ERNAKULAM DISTRICT, PIN - 683579.

             SMT.SURYA BINOY B - SR.GP
             SRI. S. VISHNU (SC) R2
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22023 OF 2022
                                   2


                           JUDGMENT

Dated this the 6th day of July, 2022

The petitioner, who is owner of 14.45 Ares of land in

Block No.005 of Parakkadavu Village of Aluva Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 3rd respondent to consider and pass orders on Ext.P3

Form-5 application within a time frame to be fixed by this Court.

2. The petitioner states that he is owner of 14.45 Ares

of land situated in Survey No.139/6 in Block No.005 of

Parakkadavu Village, Aluva Taluk in Ernakulam District, out of

which 9.65 Ares of 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.P3 application in

Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy WP(C) NO. 22023 OF 2022

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

24.05.2022. 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

respondents.

WP(C) NO. 22023 OF 2022

6. The petitioner is owner of 14.45 Ares of land situated

in Survey No.139/6 in Block No.005 of Parakkadavu Village,

Aluva Taluk in Ernakulam District, out of which 9.65 Ares of

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. WP(C) NO. 22023 OF 2022

The writ petition is therefore disposed of directing the

3rd respondent 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

four months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 22023 OF 2022

APPENDIX OF WP(C) 22023/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE POSSESSION CERTIFICATE DATED 18.03.2022 ISSUED BY THE PARAKKADAVU VILLAGE OFFICE.

Exhibit P2 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 23.02.2012.

Exhibit P3 A COPY OF THE FORM.5 APPLICATION DATED 24.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P3(a) A COPY OF THE FEE PAYMENT CHALLAN DATED 09.03.2022 OF RS. 1500/- FOR AVAILING KSREC REPORT.