Francis vs The District Collector,Thrissur
2022 Latest Caselaw 7246 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. 20391 OF 2022
PETITIONER:

     1        FRANCIS
              AGED 58 YEARS, S/O. ANTONY, CHITTILAPPILLY HOUSE,
              PERAMANGALAM P.O., PERAMANGALAM, THRISSUR - 680 545.
     2        ELSY,
              AGED 56 YEARS, W/O. FRANCIS, CHITTILAPPILLY HOUSE,
              PERAMANGALAM P.O., PERAMANGALAM, THRISSUR - 680 545.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.


RESPONDENTS:

              THE DISTRICT COLLECTOR,THRISSUR
              1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE,
              THRISSUR 680 003.
              THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION,
              AYYANTHOLE, THRISSUR - 680003.
              THE TAHASILDAR,
              THRISSUR TALUK OFFICE, TOWN HALL, W PALACE ROAD,
              CHEMBUKKAV, THRISSUR - 680020.
              THE AGRICULTURAL OFFICER,
              KAIPARAMBU KRISHI BHAVAN, KAIPARAMBU,
              THRISSUR - 680546.

              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. 20391 OF 2022

                               2


                            JUDGMENT

Dated this the 23rd day of June, 2022

The petitioners, who are owners of 24 Ares 67 Square

Metres of land in Peramangalam Village of Thrissur Taluk in

Thrissur District, have filed this writ petition seeking to direct

the 2nd respondent to consider and pass orders on Ext.P3

application within a time frame to be fixed by this Court.

2. The petitioners state that they are owners of 24 Ares

67 Square Metres of land situated in Survey Nos.372/4, 372/13-

12, 372/13-11, 372/4-1, 372/14-13, 372/13-10 and 372/13-17 in

Block No.3 of Peramangalam Village, Thrissur 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 petitioners want to use the land for other

purposes. Hence, the petitioners filed Ext.P3 application in WP(C) NO. 20391 OF 2022

Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. The application was filed on

19.04.2022. The application is not disposed of so far. Unless

the application is considered expeditiously, the petitioners will

be put to untold hardship and loss, contend the petitioners.

4. The Government Pleader representing the

respondents resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioners, in

the writ petition. The Government Pleader, however, submitted

that since the petitioners have invoked a statutory remedy

under the provisions of the Kerala Conservation of Paddy Land

and Wetland Act, 2008, the application submitted by the

petitioners 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 petitioners

and the learned Government Pleader representing the WP(C) NO. 20391 OF 2022

respondents.

6. The petitioners are owners of 24 Ares 67 Square

Metres of land situated in Survey Nos.372/4, 372/13-12,

372/13-11, 372/4-1, 372/14-13, 372/13-10 and 372/13-17 of

Peramangalam Village, Thrissur 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

petitioners, the land owned by them is neither paddy land nor

wet land. The land is not suitable for paddy cultivation. The

petitioners want to use the land for other purposes and hence

they have filed an application in Form-5 seeking to remove the

land from Data Bank.

7. The Form-5 application has been filed by the

petitioners invoking their 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 WP(C) NO. 20391 OF 2022

accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 2nd

respondent to consider Ext.P3 Form-5 application submitted

by the petitioners 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. 20391 OF 2022

APPENDIX OF WP(C) 20391/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 26.02.2022.

Exhibit P1A TRUE COPY OF THE TAX RECEIPT DATED 25.02.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF KAIPARAMBU GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2M RESPONDENT DATED 19.04.2022.

Exhibit P4 TRUE COPY OF THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 20.04.2022.

RESPONDENT'S/S EXHIBITS : NIL