Lalitha vs District Collector
2022 Latest Caselaw 8907 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. 22061 OF 2022
PETITIONER
         LALITHA
         AGED 65 YEARS
         W/O VIJAYAN, KOCHUMATHIRAMPARAMBIL HOUSE,
         PANTHALLOOR, CHOWANNUR P.O, THRISSUR, PIN -
         680517
         BY ADV BEN TOM
RESPONDENTS

    1          DISTRICT COLLECTOR
               THRISSUR, CIVIL STATION, THRISSUR, PIN - 680003
    2          REVENU DIVISIONAL OFFICER
               THRISSUR, RDO OFFICE, CIVIL STATION,AYYANTHOLE,
               THRISSUR, PIN - 680003
    3          TAHSILDAR
               KUNNUMKULAM, KUNNUMKULAMTALUK OFFICE, MINI
               CIVIL STATION, KUNNUMKULAM, KERALA, PIN -
               680503
    4          VILLAGE OFFICER
               CHEMMANTHATTA, CHEMMANTHATTA VILLAGE OFFICE,
               CHEMMANTHATTA, KERALA, PIN - 680501
    5          THE LOCAL LEVEL MONITORING COMMITTEE
               CHOWANNUR, REPRESENTED BY ITS CONVENOR
               AGRICULTURAL OFFICER, KRISHIBHAVAN, CHOWANNUR,
               THRISSUR, PIN - 680517
               BY ADV GOVERNMENT PLEADER

               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.22061 of 2022         :2:




                       JUDGMENT

Dated this the 7th day of July, 2022

The petitioner, who is owner of 6.07 Ares of land in

Chemmanthatta Village of Kunnamkulam Taluk in Thrissur

District, has filed this writ petition seeking to direct the 2 nd

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 6.07 Ares

of land situated in Block No.10, Survey No.72/10-6 of

Chemmanthatta Village, Kunnamkulam Taluk in Thrissur

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 29.06.2022. 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.

6. The petitioner is owner of 6.07 Ares of land

situated in Block No.10, Survey No. 72/10-6 of

Chemmanthatta Village, Kunnamkulam Taluk in Thrissur

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.

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 four months.

Sd/-

N. NAGARESH, JUDGE smm/08.07.2022

APPENDIX OF WP(C) 22061/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.06.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 29.01.2021 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 29.06.2022