Musthafa vs The District Collector
2022 Latest Caselaw 8604 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. 21951 OF 2022
PETITIONER

             MUSTHAFA,
             AGED 57 YEARS
             S/O. MAMMAD, EDAKKENPURATH, THAZHEKKUNI HOUSE,
             KUNNATHARA P.O., KOZHIKODE - 673620.
             BY ADVS.
             RENI JAMES
             BINIYAMIN K.S.


RESPONDENTS:

     1       THE DISTRICT COLLECTOR,
             CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
             KOZHIKODE - 673020.
     2       THE REVENUE DIVISIONAL OFFICER,
             REVENUE DIVISIONAL OFFICE, CIVIL STATION, WAYANAD ROAD,
             ERANHIPPALAM, KOZHIKODE - 673020.
     3       THE TAHSILDAR, KOYILANDY TALUK OFFICE,
             MINI CIVIL STATION, KOYILANDY KOZHIKODE - 673305.
     4       THE AGRICULTURAL OFFICER,
             ULLIYERI KRISHI BHAVAN, ULLIYERI, KOZHIKODE - 673323.



             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.21951 OF 2022
                                2


                           JUDGMENT

Dated this the 6th day of July, 2022

The petitioner, who is owner of 10.85 Ares of land in

Ulliyeri Village of Koyilandy Taluk in Kozhikode District, has

filed this writ petition seeking to direct the 2nd 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 10.85 Ares

of land situated in Survey No.86/56 in Block No.005 of Ulliyeri

Village, Koyilandy Taluk in Kozhikode 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

Land and Wetland Rules, 2008. The application was filed on WP(C) NO.21951 OF 2022

19.05.2022. 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.21951 OF 2022

6. The petitioner is owner of 10.85 Ares of land situated

in Survey No.86/56 in Block No.005 of Ulliyeri Village,

Koyilandy Taluk in Kozhikode 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 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.21951 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.21951 OF 2022

APPENDIX OF WP(C) 21951/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 09.05.2022.

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

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 19.05.2022.

Exhibit P4 THE RECEIPT EVIDENCING THE STATUTORY FEE OF THE APPLICATION DATED 19.05.2022.