Kerala High Court
Salahuddin .M ( Moolakkadath ... vs The Revenue Divisional ... on 9 June, 2022
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. 18702 OF 2022
PETITIONER
SALAHUDDIN .M ( MOOLAKKADATH SALAHUDDIN)
AGED 72 YEARS
S/O M.T.P. HASAN MOULAVI SALSWAR, 28 3656 A, A.P
BALAKRISHNAPILLAI ROAD GOVINDAPURAM, KOZHIKODE,
PIN - 673016. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
P. SOORAJ, AGE 46, S/O BALAKRISHNAN 52-300 (1),
SWASTIC LANE 21, TOC H SCHOOL ROAD, VYTTILA P.O
ERNAKULAM DISTRICT, PIN - 682019
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
RDO OFFICE, FORT KOCHI P.O ERNAKULAM, PIN - 682001.
2 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KALAMASERY MUNICIPALITY KANGARAPADY
VADACODE P.O, ERNAKULAM, PIN- 682021.
3 THE VILLAGE OFFICER
THRIKKAKARA NORTH VILLAGE,. KOONAMTHAI,
CHANGAPUZHA NAGAR P.O ERNAKULAM, PIN - 682033.
4 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
(KSREC) C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM -
695033.
SRI.SYAMANTHAK B S, GP
SRI. S. VISHNU (SC) R4
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. 18702 OF 2022
2
JUDGMENT
Dated this the 9th day of June, 2022
The petitioner, who is owner of 5.55 Ares of land in
Thrikkakara North Village of Kanayannoor Taluk in Ernakulam
District, has filed this writ petition seeking to direct the 1st
respondent to consider and pass orders on Ext.P7 application
in the light of Ext.P6 KSREC report and in the light of the
judgment in Suraj K.S. and another V. State of Kerala and
others [2018 (1) KHC 250] within a time frame to be fixed by
this Court.
2. The petitioner states that he is owner of 5.55 Ares of
land situated in Re-Survey No.82/7 in Block No.6 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
WP(C) NO. 18702 OF 2022
also.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P7 application in
Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008. The application was filed on
14.04.2022. 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
WP(C) NO. 18702 OF 2022
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 5.55 Ares of land situated
in Re-Survey No.82/7 in Block No.6 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 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.
WP(C) NO. 18702 OF 2022
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.P7 Form-5 application, in the light
of Ext.P6 KSREC report and in the light of the judgment in
Suraj K.S. and another V. State of Kerala and others [2018
(1) KHC 250], if the application 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. 18702 OF 2022
APPENDIX OF WP(C) 18702/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
06.08.2020.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK KALAMASERY MUNICIPALITY.
Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM
NO.6 DATED 20.03.2021.,
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN W.PC
NO. 12009/21 DATED 18.06.2021.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFIED DATA BANK KALAMASERY
MUNICIPALITY.
Exhibit P6 TRUE COPY OF THE REPORT OF THE KSREC
DATED 25.01.2022.
Exhibit P7 TRUE COPY OF THE APPLICATION IN FORM
NO. 5 DATED 14.04.2022
