Asha George vs The Revenue Divisional Officer
2022 Latest Caselaw 6468 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                   WP(C) NO. 18286 OF 2022
PETITIONER
         ASHA GEORGE
         AGED 31 YEARS
         D/O.V.C.GEORGE, VADAKKEL HOUSE, EDAPPALLY TOLL,
         EDAPPALLY POST, THRIKKAKARA NORTH VILLAGE,
         KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN
         CODE-682 024, REPRESENTED BY HER DULY
         AUTHORIZED POWER OF ATTORNEY HOLDER V.C.GEORGE,
         AGED 63 YEARS, S/O.JOSEPH CHACKO, RESIDING AT
         VADAKKEL HOUSE, EDAPPALLY TOLL, EDAPPALLY POST,
         THRIKKAKARA NORTH VILLAGE, KANAYANNOOR TALUK,
         ERNAKULAM DISTRICT, PIN CODE-682 024., PIN -
         682024
         BY ADVS.
         AJITH VISWANATHAN
         SHIBU JOSEPH
         SAYED MANSOOR BAFAKHY THANGAL
         BALRAM S.A.
         JEFFIN JOHN
         C.B.GAUTHAM
         M.SRIRAM
         FADIL FAZIL
         AGNET JARARD
         V.C. XAVIER
         POOJA P.O.
         GAYATHRI KRISHNAN


RESPONDENT


         THE REVENUE DIVISIONAL OFFICER ,FORT
         KOCHI,FIRST FLOOR,K.B.JACOB ROAD FORT KOCHI
         ,ERNAKULAM DISTRICT, PIN 682OO1, PIN - 682001
         SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.18286 of 2022             :2:



                           JUDGMENT

Dated this the 8th day of June, 2022

The petitioner, who is owner of 12 Ares of land in

Thrikkakara North Village of Kanayannoor Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the respondent to consider and pass orders on Ext.P6

application within a time frame to be fixed by this Court.

2. The petitioner states that she is owner of 12 Ares of

land situated in Re-Survey No.788/1 (Old Survey

No.902/10/1) in Block No.5 of Thrikkakara North Village,

Kanayannoor 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 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.P6 application in

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 12.03.2022. 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

respondent 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

respondent.

6. The petitioner is the owner of 12 Ares of land

situated in Re-Survey No.788/1 (old Survey No.902/10/1) of

Thrikkakara North Village, Kanayannoor 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 her 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 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 respondent to consider Ext.P6 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/ 10.06.2022

APPENDIX OF WP(C) 18286/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE POWER OF ATTORNEY BEARING NO.188 OF 2018, OF EDAPPALLY SUB REGISTRY, DATED 13-08-

ExhibitP2 THE TRUE PHOTOSTAT COPY OF THE EXCHANGE DEED NO.285 OF 2020, OF EDAPPALLY SUB REGISTRY.

ExhibitP3 THE TRUE PHOTOSTAT COPY OF THE BASIC TAX PAID RECEIPT NO.KL07021820220/2021 ISSUED BY THE VILLAGE OFFICER, THRIKKAKKARA NORTH VILLAGE.

ExhibitP4 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER ISSUED BY THE VILLAGE OFFICER, THRIKKAKKARA NORTH VILLAGE ExhibitP5 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE DATA BANK ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KALAMASSERY, DATED 10-03-2022. Exhibit6 THE TRUE PHOTOSTAT COPY OF THE APPLICATION BEARING NO.1/2022/567328 DATED 12-03-2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

ExhibitP7 THE TRUE PHOTOSTAT COPY OF THE RECEIPT OF PAYMENT OF FEE FOR EXHIBIT P6 APPLICATION