Muhiyudheen Juma Masjid vs The Revenue Divisional Officer
2022 Latest Caselaw 8025 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. 21158 OF 2022
PETITIONER:

         MUHIYUDHEEN JUMA MASJID
         REPRESENTED BY ITS PRESIDENT MR.ABDULLAKUNHI,
         AGED 64 YEARS, PERUMBALA, PERUMBALA VILLAGE,
         KASARAGOD TALUK, KASARAGOD DISTRICT. 671317.

         BY ADV A.ARUNKUMAR

RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         KASARAGOD, KASARAGOD. 671121.
    2    THE VILLAGE OFFICER,
         PERUMBALA VILLAGE, PERUMBALA, KASARAGOD
         DISTRICT. 671317.
    3    LOCAL LEVEL MONITORING COMMITTEE OF CHEMMANAD
         GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER/
         AGRICULTURE OFFICE, KRISHI BHAVAN, PERUMBALA,
         PERUMBALA VILLAGE, KASARAGOD DISTRICT. 671317.
    4    CHEMMANAD GRAMA PANCHAYATH,
         REPRESENTED BY ITS SECRETARY,
         PERUMBALA VILLAGE, PERUMBALA.P.O, KASARAGOD
         DISTRICT. 671317.


         SRI. SYAMANTHAK B.S (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.21158/2022
                                  2



                          JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, owner of 1.17 Ares of land in Perumbala

Village of Kasaragod Taluk in Kasaragod District, has filed

this writ petition seeking to direct the 1st 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 the petitioner is owner of

1.17 Ares of land situated in Re-Survey No. 21/11PT1 of

Perumbala Village, Kasaragod Taluk in Kasaragod District.

The land is a residential area. 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-5, invoking Rule 4(d) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. The application was W.P.(C) No.21158/2022

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.

W.P.(C) No.21158/2022

6. The petitioner is owner of 1.17 ares of land

situated in Re-Survey No. 21/11PT1 of Perumbala Village,

Kasaragod Taluk in Kasaragod 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 the petitioner 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 the

petitioner 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 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. W.P.(C) No.21158/2022

The writ petition is therefore disposed of directing the 1 st

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 four months.

Sd/-

N.NAGARESH JUDGE

AJ W.P.(C) No.21158/2022

APPENDIX OF WP(C) 21158/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF REGISTERED GIFT DEED NO.3269/1/2021 OF SRO KASARAGOD.

Exhibit P2 A TRUE COPY OF THE RECENT BASIC TAX RECEIPT DATED 18-04-2022.

Exhibit P3 A TRUE COPY OF THE ONLINE APPLICATION SUBMITTED DATED 21-03-2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 07-

05-2022 SHOWING THE PAYMENT FOR OBTAINING SATELLITE IMAGE AND REPORT. Exhibit P5 A TRUE COPY OF THE ORDER DATED 17-05-

2022 OF THE OMBUDSMAN FOR LOCAL GOVERNMENTS INSTITUTIONS IN COMPLAINT NO.267/2022 Exhibit P6 A TRUE COPY OF THE ORDER DATED ORDER DATED 26-02-2022 PASSED BY THE 1ST RESPONDENT.