Lizy vs State Of Kerala
2022 Latest Caselaw 7063 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. 19699 OF 2022
PETITIONER

             LIZY
             AGED 61 YEARS
             W/O. JACOB, KALATHINGAL HOUSE, KALLETTUMKARA,
             KALLETTUMKARA P.O, THRISSUR - 680683, REPRESENTED BY HER
             POWER OF ATTORNEY HOLDER, DEEPA CHRISTO, D/O. LIZY,
             AGED 35, KALATHINGAL HOUSE, KALLETTUMKARA,
             KALLETUMKARA P.O, THRISSUR - 680683.
             BY ADVS.
             M.SREEKUMAR
             S.S.SAILAKSHMI


RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM - 695001.
    2        REVENUE DIVISIONAL OFFICER,
             IRINJALAKKUDA, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
             IRINJALAKKUDA NORTH P.O, IRINJALAKKUDA - 680125.


             SMT.SURYA BINOY B SR.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. 19699 OF 2022
                                    2


                           JUDGMENT

Dated this the 17th day of June, 2022

The petitioner, who is owner of 48.20 Ares of land in

Aloor Village of Chalakkudy Taluk in Thrissur District, has filed

this writ petition seeking to direct the 2nd 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 she is owner of 48.20 Ares

of land situated in Survey No.397/2-5 of Aloor Village,

Chalakkudy Taluk in Thrissur 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 Rule 4(d) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008. The application was filed on WP(C) NO. 19699 OF 2022

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

respondents.

WP(C) NO. 19699 OF 2022

6. The petitioner is owner of 48.2 Ares of land situated

in Survey No. 397/2-5 of Aloor Village, Chalakkudy Taluk in

Thrissur 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. WP(C) NO. 19699 OF 2022

The writ petition is therefore disposed of directing

the 2nd 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. 19699 OF 2022

APPENDIX OF WP(C) 19699/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED NO. 2534/1/2012 OF SUB REGISTRY OFFICE, KALLETTUMKARA DATED 4.6.2012.

Exhibit P2 TRUE COPY OF TAX RECEIPT NO.

KL08060302834/2022 DATED 21.04.2022 ISSUED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF DATA BANK OF ALOOR GRAMA PANCHAYAT PUBLISHED ON 25.01.2021.

Exhibit P4 TRUE COPY OF APPLICATION DATED 24.05.2022 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4(a) TRUE COPY OF RECEIPT DATED 3.6.2022 ISSUED FROM LAND REVENUE DEPARTMENT TOWARDS FILING OF EXT.P4.