Oommen P. Oommen vs State Of Kerala
2022 Latest Caselaw 8777 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                       WP(C) NO. 20880 OF 2022
PETITIONER

               OOMMEN P. OOMMEN
               AGED 78 YEARS
               POIKAYIL GRACE VILLA, PATHANAPURAM P.O.,
               PATHANAPURAM, KOLLAM - 689 695.
               BY ADVS.
               R.KRISHNA RAJ
               E.S.SONI
               KUMARI SANGEETHA S.NAIR
               RESMI A.


RESPONDENTS

    1          STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
               AGRICULTURE, KERALA GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.
    2          DISTRICT COLLECTOR
               DISTRICT COLLECTOR OFFICE, CIVIL STATION,
               KOLLAM, KERALA - 691 013.
    3          SUB-COLLECTOR
               DISTRICT COLLECTOR OFFICE, CIVIL STATION,
               KOLLAM, KERALA - 691 013.
    4          REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, VALACODE P.O.,
               PUNALUR, KOLLAM - 691 331.
    5          LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENOR - AGRICULTURAL
               OFFICER, PATHANAPURAM, MANCHALLOOR, KOLLAM -
               691 533.
               SRI.SYAMANTHAK B S, GP
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   07.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No. 20880 of 2022        :2:




                       JUDGMENT

Dated this the 7th day of July, 2022

The petitioner, who is owner of 77.90 Ares of land in

Pathanapuram Village of Pathanapuram Taluk in Kollam

District, has filed this writ petition seeking to direct the 4 th

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 he is owner of 77.90 Ares

of land situated in Survey Nos.412/8, 7/19, 44/20, 4B, 6A,

6B, 472/8, 10C, 13, 14, 21, 23 and 24A of Pathanapuram

Village of Pathanapuram Taluk in Kollam 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 17.11.2021. 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.

6. The petitioner is owner of 77.90 Ares of land

situated in Survey Nos.412/8, 7/19, 44/20, 4B, 6A, 6B, 472/8,

10C, 13, 14, 21, 23 and 24A of Pathanapuram Village of

Pathanapuram Taluk in Kollam 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.

The writ petition is therefore disposed of directing

the 4th 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 smm/08.07.2022

APPENDIX OF WP(C) 20880/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE SUB-

COLLECTOR, KOLLAM DATED 08/04/2003. Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE DATED 21/11/2017.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE DATED 17/11/2017.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RDO DATED 16/11/2021.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT (AGRICULTURAL OFFICER) DATED 15/11/2021.

Exhibit P6 TRUE COPY OF THE LETTER OF THE RDO DATED 22/11/2021.