Muhammed Suhail vs The Revenue Divisional Officer
2022 Latest Caselaw 6604 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       WP(C) NO. 12841 OF 2022
PETITIONER:

          MUHAMMED SUHAIL
          AGED 35 YEARS
          S/O.ABDURASHEED, METHUVIL HOUSE,
          KODINJI, MALAPPURAM DISTRICT
          PIN - 676309

          BY ADV K.RAKESH


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          TIRUR, MALAPPURAM DISTRICT
          PIN - 676101
    2     THE LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, NANNAMBRA, NANNAMBRA P.O.,
          MALAPPURAM DISTRICT
          PIN - 676320


          SMT.SURYA BINOY B SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.12841 of 2022
                                2

                           JUDGMENT

Dated this the 9th day of June, 2022

The petitioner, who is owner of 3.87 Ares of land in

Nannambra Village of Tirurangadi Taluk in Malappuram

District, has filed this writ petition seeking to direct the 1 st

respondent to consider and pass orders on Ext.P1 application

within a time frame to be fixed by this Court.

2. The petitioner states that he is owner of 3.87 Ares

of land situated in Survey No.381/4-16 of Nannambra Village,

Tirurangadi Taluk in Malappuram 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.P1 application in

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

Paddy Land and Wetland Rules, 2008. The application was WP(C) No.12841 of 2022

filed on 10.03.2022 . 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

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.

WP(C) No.12841 of 2022

6. The petitioner is owner of 3.87 Ares of land situated

in Survey No. 381/4-16 of Nannambra Village of Tirurangadi

Taluk in Malappuram 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 1 st

respondent to consider Ext.P1 Form-5 application submitted

by the petitioner if the same is received, supported by all WP(C) No.12841 of 2022

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 spk WP(C) No.12841 of 2022

APPENDIX OF WP(C) 12841/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, 10-3-2022 FOR DELETION OF HIS PROPERTY FROM THE DATA BANK IN FORM NO.5 Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXHIBIT P2, DATED, 10-3-

Exhibit P3 TRUE COPY OF TAX RECEIPT OF THE PROPERTY ISSUED FROM NANNAMBRA VILLAGE OFFICE DATED 12-1-2022 Exhibit P4 TRUE COPY OF THE TITLE DEED OF THE PROPERTY DATED 18-12-2021

RESPONDENT'S/S EXHIBITS : NIL