Stella Kurian vs The District Collector
2022 Latest Caselaw 8581 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. 21965 OF 2022
PETITIONER:

              STELLA KURIAN
              AGED 49 YEARS
              W/O.CYRIAC MATHEW, H.NO.39, MUNDATHANATHU HOUSE,
              VELIYANNOOR P.O., KOTTAYAM - 686634.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              COLLECTORATE, KOTTAYAM - KUMILY RD.,
              KOTTAYAM - 686 002.
     2        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
              MINI CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY,
              KOTTAYAM - 686 001.
     3        THE TAHSILDAR
              MEENACHIL TALUK OFFICE, CIVIL STATION, GROUND FLOOR,
              PALA RAMAPURAM ROAD, PALA, KOTTAYAM - 686 575.
     4        THE AGRICULTURAL OFFICER
              VELIYANNOOR KRISHI BHAVAN, POOVAKULAM KARAMALA ROAD,
              VELIYANNOOR, KOTTAYAM - 686 662.


              SMT.SURYA BINOY B SR.GP


     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.21965 OF 2022
                                     2


                           JUDGMENT

Dated this the 6th day of July, 2022

The petitioner, who is owner of 30.97 Ares of land

in Block No.2 of Veliyannoor Village of Meenachil Taluk in

Kottayam District, has filed this writ petition seeking to direct

the 2nd respondent to consider and pass orders on Ext.P3

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

2. The petitioner states that she is owner of 30.97 Ares

of land situated in Survey No.425/6-1 in Block No.2 of

Veliyannoor Village, Meenachil Taluk in Kottayam 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.P3 application in

Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy WP(C) NO.21965 OF 2022

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

06.06.2022. 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.21965 OF 2022

6. The petitioner is owner of 30.97 Ares of land situated

in Survey No.425/6-1 in Block No.2 of Veliyannoor Village,

Meenachil Taluk in Kottayam 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 her 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 she 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 her 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.21965 OF 2022

The writ petition is therefore disposed of directing the 2nd

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 three

months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.21965 OF 2022

APPENDIX OF WP(C) 21965/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12/04/2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK VELIYANNOOR GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 06/06/2022.

Exhibit P4 THE RECEIPT EVIDENCING THE STATUTORY FEE OF THE APPLICATION DATED 06/06/2022.