Vkl Homes India Pvt. Ltd vs State Of Kerala
2022 Latest Caselaw 8827 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. 14488 OF 2022
PETITIONER/S:

            VKL HOMES INDIA PVT. LTD.
            REPRESENTED BY ITS DIRECTOR SHAJI K. MATHEW, AGED 45
            YEARS, S/O. K.C.MATHEW, KALLADAYIL HOUSE,
            KUMARAPERUR VADAKKEKARA MURIYIL, CHITTAR-SEETHATHODE
            VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT-689667.

            BY ADVS.
            K.J.MANU RAJ
            K.VINAYA



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2       REVENUE DIVISIONAL OFFICER,
            MUVATTUPUZHA, PATTIMATTOM MUVATTUPUZHA ROAD,
            ERNAKULAM, PIN-686673.

    3       THE TAHSILDAR,
            TALUK OFFICE, KUNNATHUNAD, ERNAKULAM DISTRICT,
            PIN-683561.

    4       THE VILLAGE OFFICER,
            PUTHENCRUZ VILLAGE, KUNNATHUNAD TALUK,
            ERNAKULAM DISTRICT-682301.

    5       AGRICULTURE OFFICER,
            KRISHI BHAVAN, PUTHENCRUZ P.O., ERNAKULAM DISTRICT-
            682308.

            SRI. SYMANTHAK 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:
 WP(C) NO. 14488 OF 2022
                                  2


                            JUDGMENT

Dated this the 7th day of July, 2022

The petitioner-Company, owner of 2.28 Hectares of land in

Puthencruz Village of Kunnathunad Taluk in Ernakulam District,

has filed this writ petition seeking to direct the 2nd respondent-

Revenue Divisional Officer to consider and pass orders on

Ext.P2 Form-5 application within a time frame to be fixed by

this Court.

2. The petitioner states that the petitioner-Company is

owner of 2.28 Hectares of land situated in Survey Nos.126/1,

126/9, 126/13, 125/4, 125/5, 124/5, 121/6, 124/10, 124/11,

120/10, 124/2, 124/3, 121/3-2, 124/12 and 119/6 of Puthencruz

Village, Kunnathunad Taluk in Ernakulam 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 Data Bank

and is described as paddy land in Revenue records also. WP(C) NO. 14488 OF 2022

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P2 application in

Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy

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

27.07.2021. 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. WP(C) NO. 14488 OF 2022

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner-Company is owner of 2.28 Hectares of

land situated in Survey Nos.126/1, 126/9, 126/13, 125/4, 125/5,

124/5, 121/6, 124/10, 124/11, 120/10, 124/2, 124/3, 121/3-2,

124/12 and 119/6 of Puthencruz Village, Kunnathunad Taluk in

Ernakulam 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 them 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 the petitioner 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 their statutory right under Rule 4(d) of the WP(C) NO. 14488 OF 2022

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-Revenue Divisional Officer to consider Ext.P2

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. 14488 OF 2022

APPENDIX OF WP(C) 14488/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPTS DATED 4.5.2020 OF THE PETITIONER'S PROPERTY.

Exhibit P2 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 27.7.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE COMMUNICATION TO THE AGRICULTURAL OFFICER DATED 30.7.2021.