Nevil Joly vs State Of Kerala
2022 Latest Caselaw 7055 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        WP(C) NO. 19734 OF 2022
PETITIONER

             NEVIL JOLY
             AGED 24 YEARS
             S/O.JOLY JACOB, PALACKAPPILLIL HOUSE, RAYAMANGALAM,
             KURUPPAMPADY.P.O., ERNAKULAM - 683545.
             REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
             JOLY JACOB, AGED 61 YEARS, PALACKAPPILLIL HOUSE,
             RAYAMANGALAM, KURUPPAMPADY.P.O., ERNAKULAM - 683545.
             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        THE REVENUE DIVISIONAL OFFICER,
             MUVATTUPUZHA REVENUE DIVISIONAL OFFICE,
             MUVATTUPUZHA - 686 673.
    4        AGRICULTURAL OFFICER,
             KRISHI BHAVAN, RAYAMANGALAM KEEZHILLAM.P.O,
             ERNAKULAM DIST., PIN-683541.
    5        LOCAL LEVEL MONITORING COMMITTEE,
             (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
             KRISHI BHAVAN, RAYAMANGALAM KEEZHILLAM.P.O,
             ERNAKULAM DIST., PIN-683541.

             SRI.S.VISHNU (SC) R2
             SRI. SYAMANTHAK B.S - GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.19734 OF 2022
                                2




                           JUDGMENT

Dated this the 17th day of June, 2022

The petitioner, who is owner of 2.02 Ares of land in

Rayamangalam Village of Kunnathunadu Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 3rd

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 2.02 Ares of

land situated in Survey No.350/1-4 of Rayamangalam Village of

Kunnathunadu 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.P4 application in

Form-5, invoking the provisions of Rule 4(d) of the Kerala WP(C) NO.19734 OF 2022

Conservation of Paddy Land and Wetland Rules, 2008. The

application was filed on 24.05.2022. 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 WP(C) NO.19734 OF 2022

respondents.

6. The petitioner is owner of 2.02 Ares of land situated

in Survey No.350/1-4 of Rayamangalam Village, Kunnathunadu

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. WP(C) NO.19734 OF 2022

The writ petition is therefore disposed of directing the

3rd 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

three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.19734 OF 2022

APPENDIX OF WP(C) 19734/2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 09.07.2021 ISSUED BY THE RAYAMANGALAM VILLAGE OFFICE.

Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 19.03.2022 ISSUED BY THE RAYAMANGALAM VILLAGE OFFICE.

Exhibit P3 A COPY OF THE RELEVANT PAGE OF DATA BANK ISSUED ON 19.04.2022.

Exhibit P4 A COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4A A COPY OF THE FEE PAYMENT CHALLAN DATED 18.03.2022.