Jineesh K.V vs State Of Kerala
2022 Latest Caselaw 7708 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                         WP(C) NO. 21019 OF 2022
PETITIONER:

              JINEESH K.V.
              AGED 49 YEARS
              S/O.VASU.K.K., KARUKAYIL HOUSE, VALLISSERY,
              AVINISSERY.P.O., THRISSUR - 680306.
              BY ADV AVANEESH KOYIKKARA


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN-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, THRISSUR, AYYANTHOLE.P.O.,
              THRISSUR DISTRICT - 680003.
     4        LOCAL LEVEL MONITORING COMMITTEE,
              (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER) KRISHI
              BHAVAN, AVINISSERY, AVINISSERY.P.O., THRISSUR - 680306.
     5        AGRICULTURAL OFFICER,
              KRISHI BHAVAN, AVINISSERY,
              AVINISSERY.P.O., THRISSUR - 680306.


              SMT. SURYA BINOY B. (SR. GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21019 OF 2022

                                2




                             JUDGMENT

Dated this the 28th day of June, 2022

The petitioner, who is owner of 65.77 Ares of land in

Avinissery Village of Thrissur Taluk in Thrissur District, has filed

this writ petition seeking to direct the 3rd respondent-Revenue

Divisional Officer 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 65.77 Ares

of land situated in Survey Nos.282/10, 282/11-1 and 282/13 of

Avinissery 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 petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P3 application in Form- WP(C) NO. 21019 OF 2022

5, invoking Rule 4(d) of the Kerala 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. 21019 OF 2022

respondents.

6. The petitioner is owner of 65.77 Ares of land situated

in Survey Nos.282/10, 282/11-1 and 282/13 of Avinissery

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 petitioner, the land owned

by him 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 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. 21019 OF 2022

The writ petition is therefore disposed of directing the

3rd respondent-Revenue Divisional Officer 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. 21019 OF 2022

APPENDIX OF WP(C) 21019/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE POSSESSION CERTIFICATE DATED 22.03.2022 ISSUED BY THE AVINISSERY VILLAGE OFFICE.

Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK REGISTER PUBLISHED IN GAZETTE DATED 24.03.2012.

Exhibit P3 A COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.05.2022.

RESPONDENT'S/S EXHIBITS : NIL