Samastha Kerala Sunni Yuvajana ... vs The District Collector
2022 Latest Caselaw 8021 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. 21183 OF 2022
PETITIONER:
         SAMASTHA KERALA SUNNI YUVAJANA SANGAM
         PURATHEEL UNIT COMMITTEE, REP BY ITS SECRETARY
         ABDUL GAFOOR M, S/O. MOIDHU P.M., AGED 40,
         SEENATH MANZIL, PURATHEL, KANNUR, KERALA-
         670594.
         BY ADVS.
         SHERRY J. THOMAS
         E.K.AVINASH
         JOEMON ANTONY
RESPONDENTS:
    1    THE DISTRICT COLLECTOR
         CIVIL STATION, COLLECTORATE ROAD, THAVAKKARA,
         KANNUR-670002.
    2    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, NATIONAL HIGHWAY-17,
         PALISSERY, THALASSERY, KERALA-670101.
    3    THE TAHSILDAR,
         KANNUR TALUK OFFICE, NEAR GANDHI CIRCLE, SOUTH
         BAZAR, KANNUR, KERALA-670002.
    4    THE VILLAGE OFFICER,
         VALIYANNUR VILLAGE OFFICE, KANNUR-MATTANNUR
         ROAD, VALIYANNUR, KERALA-670594.
    5    THE AGRICULTURAL OFFICER,
         KRISHIBHAVAN, CHELORA, MATHUKKOTH KAPPAD ROAD,
         KERALA-670018.
    6    THE LOCAL LEVEL MONITORING COMMITTEE,
         REPRESENTED BY THE AGRICULTURAL OFFICER,
         KRISHIBHAVAN, CHELORA, MATHUKKOTH KAPPAD ROAD,
         KERALA-670018.


         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.21183/2022
                               2



                        JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, Samastha Kerala Sunni Yuvajana

Sangam is owner of 7.79 Ares of land in Valiyannur Village of

Kannur Taluk in Kannur District. The petitioner has filed this

writ petition seeking to direct the 4 th and 5th respondents to

consider and pass orders on Ext.P4 application within a time

frame to be fixed by this Court.

2. The petitioner states that the petitioner is owner of

7.79 Ares of land situated in Survey No. 22/137 of Valiyannur

Village of Kannur Taluk in Kannur 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.P4 application in

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

Paddy Land and Wetland Rules, 2008. The application was W.P.(C) No.21183/2022

filed on 21.03.2022. 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.

6. The petitioner is owner of 7.79 Ares of land W.P.(C) No.21183/2022

situated in Survey No.22/137 of Valiyannur Village of Kannur

Taluk in Kannur 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

them 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 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

petitioner invoking the 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

4th and 5th respondents to forward their reports to the 2 nd

respondent. The 2nd respondent shall consider Ext.P4 Form- W.P.(C) No.21183/2022

5 application submitted by the petitioner, if the same is

received, supported by all requisite documents and paying

prescribed fee, if any, and pass orders thereon in

accordance with law, within a period of four months.

Sd/-

N. NAGARESH JUDGE AJ W.P.(C) No.21183/2022

APPENDIX OF WP(C) 21183/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TITLE DEED NO 1692/2007 DATED 14/04/2007.

Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN WPC NO.25622/2008 DATED 29/07/2010.

Exhibit P3 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT VILLAGE OFFICER TO 2ND RESPONDENT RDO DATED 16/07/2008.

Exhibit P4 THE TRUE COPY OF THE FORM NO.5 SUBMITTED BY THE PETITIONER DATED 21/03/2022.

Exhibit P4A THE TRUE COPY OF THE RECEIPT DATED 21/03/2022.