Kerala High Court
K.V. Vincent vs State Of Kerala on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24285 OF 2022
PETITIONER
K.V. VINCENT
AGED 76 YEARS
S/O VARIYATHU, KALLARAYKAL HOUSE, PONNURUNNI
VYTILLA P.O, COCHIN -682019.
BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
NANDA SANAL
ANEETA MARY SAJI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI-
682001.
3 AGRICULTURAL FIELD OFFICER
KRISHI BHAVAN,
VYTILLA, KOCHI, KERALA - 682019.
4 VILLAGE OFFICER,
POONITHURA VILLAGE OFFICE, SAHODARAN AYYAPPAN
ROAD, VYTTILA, ERNAKULAM, KERALA 682019.
SMT.SURYA BINOY SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 24285 of 2022 2
]
JUDGMENT
Dated this the 27th day of July , 2022
The petitioner, who is owner of 4.74 Ares of
land in Poonithura Village of Kanayannur Taluk in
Ernakulam District, has filed this writ petition seeking to
direct the 2nd respondent to consider and pass orders
on Ext.P4 application within a time frame to be fixed by
this Court.
2. The petitioner states that he is owner of 4.74
Ares of land situated in Survey No.447/4-3 of
Poonithura Village, Kanayannur Taluk in Ernakulam
District. The land is a garden land. It is not ultivated
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.P4 application
in Form-5, invoking Rule 4(d) of the Kerala
]
Conservation of Paddy Land and Wetland Rules, 2008.
The application was filed on 20.10.2021. 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 4.74 Ares of land
situated in Survey No.447/4-3 of Poonithura Village,
Kanayannur 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 him is
neither paddy land nor wet land. 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 2nd respondent to consider Ext.P4 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/ 27.07.2022
]
APPENDIX OF WP(C) 24285/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.
KL07022008365/2021 DATED
28.07.2021.
Exhibit P2 TRUE COPY OF THE PROPERTY TAX
RECEIPT NO.03712102107140 DATED
29.07.2021
Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF
THE DATABANK PREPARED FOR
POONITHURA VILLAGE OF KRISHI
BHAVAN, VYTILLA.
Exhibit P4 TRUE COPY OF THE FORM 5
APPLICATION DATED 20.10..2021
SUBMITTED BEFORE THE 2ND
RESPONDENT RDO.
