Joby vs The District Collector
2022 Latest Caselaw 7229 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 20417 OF 2022
PETITIONER:

              JOBY,
              AGED 46 YEARS, S/O. OUSEPH, KILIKKUNNEL HOUSE,
              EARUMELI, KUMARAPURAM P.O, ERNAKULAM 683 565.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.


RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              CIVIL STATION, KAKKANAD, ERNAKULAM- 682 030.
     2        THE REVENUE DIVISIONAL OFFICER,
              MUVATTUPUZHA REVENUE DIVISIONAL OFFICE,
              MINI CIVIL STATION, MUDAVOOR P.O, MUVATTUPUZHA- 686 669.
     3        THE TAHSILDAR,
              KUNNATHUNAD TALUK OFFICE, POOPPANI ROAD, PERUMBAVOOR,
              ERNAKULAM 683 543.
     4        THE AGRICULTURAL OFFICER,
              KUNNATHUNAD KRISHI BHAVAN,
              KUNNATHUNAD, ERNAKULAM- 683 562.

              SMT.SURYA BINOY B SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20417 OF 2022

                               2


                            JUDGMENT

Dated this the 23rd day of June, 2022

The petitioner, who is owner of 18.50 Ares of land in

Kunnathunad Village of Kunnathunad Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 2 nd

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 he is owner of 18.50 Ares

of land situated in Survey Nos.13/6 and 12/4 in Block No.35 of

Kunnathunad Village, Kunnathunad Taluk of Ernakulam District.

The land is a garden land. It is not cultivated with paddy. It is not

fit for paddy cultivation either. However, 7.30 Ares of 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 WP(C) NO. 20417 OF 2022

and Wetland Rules, 2008. The application was filed on

04.05.2022 . 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. 20417 OF 2022

6. The petitioner is owner of 18.50 Ares of land situated

in Survey Nos.13/6 and 12/4 in Block No.35 of Kunnathunad

Village, Kunnathunad Taluk of Ernakulam District. Out of the

said extent, 7.30 Ares of 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. 20417 OF 2022

The writ petition is therefore disposed of directing the 2nd

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

three months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 20417 OF 2022

APPENDIX OF WP(C) 20417/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 17.12.2020.

Exhibit P2 TRUE COPY OF THE EXTRACT OF DRAFT DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 04.05.2022.

Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 04.05.2022.

RESPONDENT'S/S EXHIBITS : NIL