L.Saiju vs The State Of Kerala
2022 Latest Caselaw 7788 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. 20951 OF 2022
PETITIONER:

              L.SAIJU
              AGED 57 YEARS
              S/O. LEKSHMANAN AKKAVILAYIL,
              RESIDENT OF SREESARAVANA NAGAR, ERAVIPURAM PO, KOLLAM,
              KERALA - 691 011.
              BY ADV B.G.HARINDRANATH


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT, GOVERNMENT OF KERALA,
              THIRVANANTHAPURAM- 695001
     2        THE DISTRICT COLLECTOR,
              KOLLAM, COLLECTORATE, CIVIL STATION ROAD, KAANKATU MUKU,
              KOLLAM, KERALA - 691 013.
     3        REVENUE DIVISIONAL OFFICER,
              KOLLAM, VIDYA NAGAR, KOLLAM, KERALA - 691 013.


              SMT. SURYA BINOY, 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.20951 OF 2022
                                    2


                           JUDGMENT

Dated this the 28th day of June, 2022

The petitioner, who is owner of 64.86 Ares of land in

Thrikkadavoor Village of Kollam Taluk in Kollam District, has

filed this writ petition seeking to direct the 3rd 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 64.86 Ares

of land situated in Re-Survey Nos.162/34-5, 162/34-4, 162/34-

3, 162/34-2, 162/3, 162/34-6, 155/11, 155/5-2 and 155/8 in

Block No.3 of Thrikkadavoor Village, Kollam Taluk in Kollam

District, out of which, 6.56 Ares of land situated in Block No.3

of Re-Survey Nos. 155/5-2, 155/8 and 155/11 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. WP(C) NO.20951 OF 2022

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P3 application in Form-

5, invoking the provisions of Rule 4(d) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008. The

application was filed on 08.01.2021. 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. WP(C) NO.20951 OF 2022

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner is owner of total extent of 64.86 Ares

of land situated in Re-Survey Nos.162/34-5, 162/34-4, 162/34-

3, 162/34-2, 162/3, 162/34-6, 155/11, 155/5-2 and 155/8 in

Block No.3 of Thikkadavoor Village, Kollam Taluk in Kollam

District, out of which, 6.56 Ares of land situated in Block No.3 of

Re-Survey Nos. 155/5-2, 155/8 and 155/11 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. WP(C) NO.20951 OF 2022

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.

The writ petition is therefore disposed of directing the

3rd 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. While considering Ext.P3 application, the 3rd

respondent-Revenue Divisional Officer shall advert to Ext.P6

Order and Ext. P7 judgment also.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20951 OF 2022

APPENDIX OF WP(C) 20951/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GAZETTE NOTIFICATION NO. A2-9540/2012 DATED 13.02.2012.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.01.2021 Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR CORRECTION OF DATA BANK ENTRY DATED 08.01.2021 Exhibit P3A TRUE COPY OF THE DEMAND DRAFT SUBMITTED BY PETITIONER ALONG WITH THE APPLICATION FOR CORRECTION OF DATA BANK ENTRY Exhibit P4 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY THE PETITIONER DATED 19.03.2018 Exhibit P5 TRUE COPY OF THE REPLY TO THE RTI ISSUED BY THE AGRICULTURAL OFFICER TO PETITIONER Exhibit P6 TRUE COPY OF THE ORDER OF THE ADDITIONAL DISTRICT JUDGE-V, KOLLAM IN C.M.A NO. 43 OF 2018 BY THE PETITIONER DATED 12.02.2019 Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN C.R.P NO. 228 OF 2020 DATED 13.06.2022