Sathi M.Gokul vs State Of Kerala
2022 Latest Caselaw 8014 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                   WP(C) NO. 21231 OF 2022
PETITIONER:
         SATHI M.GOKUL
         AGED 53 YEARS
         D/O.SANKARANKUTTY MENON, MANGALAPPILLY HOUSE,
         POONITHURA P.O, ERNAKULAM DISTRICT, PIN - 682038,
         REPRESENTED BY HER POWER OF ATTORNEY HOLDER MOHANAN
         P.M, AGED 65 YEARS, S/O.MADHAVAN NAIR (LATE),
         PARIKKAPPILLY HOUSE, KOTHAKULANGARA, ANGAMALY.P.O,
         ERNAKULAM DISTRICT, PIN-683572.
         BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-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    THE REVENUE DIVISIONAL OFFICER,
         FORT KOCHI, REVENUE DIVISIONAL OFFICE, FORT KOCHI,
         ERNAKULAM- 682001.
    4    LOCAL LEVEL MONITORING COMMITTEE,
         (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
         KRISHI BHAVAN, THURAVOOR.P.O, ERNAKULAM DIST., PIN-
         683572.
    5    AGRICULTURAL FIELD OFFICER,
         KRISHI BHAVAN, THURAVOOR.P.O, ERNAKULAM DIST., PIN-
         683572.


         SMT.SURYA BINOY (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.21231/2022
                                  2




                        JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, who is owner of 43.74 Ares of land in

Thuravoor Village of Aluva Taluk in Ernakulam District, has

filed this writ petition seeking to direct the 3 rd 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 43.74 of

land situated in Survey Nos. 366/10, 366/4-2, 366/5-3, 366/6-

2 and 366/7-2 in Block No.13 of Thuravoor Village, Aluva

Taluk in Ernakulam District. The land is a dry 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 W.P.(C) No.21231/2022

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 W.P.(C) No.21231/2022

respondents.

6. The petitioner is owner of 43.74 Ares of land

situated in Survey Nos.366/10, 366/4-2, 366/5-3, 366/6-2

and 366/7-2 in Block No.13 of Thuravoor Village, Aluva Taluk

in Ernakulam 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 wetland. 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. W.P.(C) No.21231/2022

The writ petition is therefore disposed of directing the

3rd 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 four months.

Sd/-

N. NAGARESH JUDGE AJ W.P.(C) No.21231/2022

APPENDIX OF WP(C) 21231/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE TAX RECEIPT DATED 04.04.2022 ISSUED BY THE THURAVOOR VILLAGE OFFICE.

Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 10.04.2022 ISSUED BY THE THURAVOOR VILLAGE OFFICE.

Exhibit P3 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 10.02.2021.

Exhibit P4 A COPY OF THE FORM.5 APPLICATION DATED 24.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 A COPY OF THE KSREC REPORT ALONG WITH COVERING LETTER NO.A-172/2015 /KSREC DATED 20.06.2017.