Priya Mariam Jacob vs State Of Kerala
2022 Latest Caselaw 6634 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. 18668 OF 2022
PETITIONER
             PRIYA MARIAM JACOB,AGED 38 YEARS
             D/O.GEORGE POTHEN MANGALASSERIL,
             MUNDAKATHIL MANGALASSERIL HOUSE, PANDANKARI P.O.,
             ALAPUZHA DISTRICT-689573,
             REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
             GEORGE POTHEN MANGALASSERIL, AGED 71 YEARS,
             S/O. MUNDAKATHIL POTHEN GEORGE (LATE),
             MUNDAKATHIL MANGALASSERIL POTHEN HOUSE,
             PANDANKARI P.O, ALAPUZHA DISTRICT-689573,
             NOW RESIDING AT: VILLA NO.34, DD VILLAGE, THAMMANAM P.O.,
             ERNAKULAM DISTRICT-682032.
             BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2     KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER,
           1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
           UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PMG,
           THIRUVANANTHAPURAM DIST., PIN-695 033,
           REPRESENTED BY ITS DIRECTOR.
     3     REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE, FORT KOCHI, KB JACOB RD,
           FORT KOCHI, ERNAKULAM DIST-682001.
     4     AGRICULTURAL OFFICER,
           KRISHI BHAVAN, THRIKKAKARA,
           KUNNUMPURAM CIVIL STATION ROAD, KAKKANAD.P.O,
           ERNAKULAM DIST., PIN-682030.
     5     LOCAL LEVEL MONITORING COMMITTEE,
           (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER) KRISHI
           BHAVAN, THRIKKAKARA KUNNUMPURAM CIVIL STATION ROAD,
           KAKKANAD.P.O, ERNAKULAM DIST., PIN-682030.
           SRI. SYAMANTHAK B S, 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. 18668 OF 2022

                                        2




                              JUDGMENT

Dated this the 9th day of June, 2022

The petitioner, who is owner of 19.2 Ares of land in

Kakkanad Village in Ernakulam District, has filed this writ

petition seeking to direct the 3rd 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 19.2 Ares

of land situated in Survey No.716/2-7 of Kakkanadu Village, 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.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 WP(C) NO. 18668 OF 2022

01.04.2022. 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 the 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. 18668 OF 2022

6. The petitioner is owner of 19.2 Ares of land situated

in Survey No.716/2-7 of Kakkanad Village 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 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. WP(C) NO. 18668 OF 2022

The writ petition is therefore disposed of directing the 3rd

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 hmh WP(C) NO. 18668 OF 2022

APPENDIX OF WP(C) 18668/2022

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE TAX RECEIPT DATED 01.04.2022 ISSUED BY THE KAKKANAD VILLAGE OFFICE.

Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK PUBLISHED ON 05.02.2021, REGARDING THE PETITIONERS PROPERTY.

Exhibit P3 A COPY OF THE FORM.5 APPLICATION DATED 24.05.2022 SUBMITTED BEFORE THE 3RD RESPONDENT TO EXCLUDE THE PETITIONER'S LAND FROM DATA BANK REGISTER.

Exhibit P3(A) A COPY OF THE FEE PAYMENT CHALLAN OF RS. 1500/-DATED 02.06.2022.