Joly Jacob vs State Of Kerala
2022 Latest Caselaw 8029 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. 21156 OF 2022
PETITIONER:
         JOLY JACOB
         AGED 61 YEARS
         S/O. P.P. YACOB (LATE), PALACKAPPILLIL (HOUSE),
         KURUPPAMPADY P.O, RAYAMANGALAM, ERNAKULAM
         DISTRICT - 683545.
         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 DISTRICT, PIN -
         695033, REPRESENTED BY ITS DIRECTOR.
    3    REVENUE DIVISIONAL OFFICER
         MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE,
         MUVATTUPUZHA P.O, ERNAKULAM - 686661.
    4    AGRICULTURAL FIELD OFFICER,
         KRISHI BHAVAN, RAYAMANGALAM, KEEZHILAM P.O,
         ERNAKULAM DISTRICT, PIN - 683541.
    5    LOCAL LEVEL MONITORING COMMITTEE,
         (REPRESENTED BY ITS CONVENER AGRICULTURAL
         OFFICER), KRISHI BHAVAN, RAYAMANGALAM,
         KEEZHILAM P.O, ERNAKULAM DISTRICT, PIN -
         683541.


         SRI SYAMANTHAK B (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.21156/2022
                                  2



                           JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, who is owner of an extent of 9.24 Ares of

land in Rayamangalam Village of Kunnathunadu Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 3rd 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 he is owner of 9.24 Ares

of land situated in Survey No.350/1-3 of Rayamangalam

Village, Kunnathunadu 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

Paddy Land and Wetland Rules, 2008. The application was

filed on 24.05.2022. The application is not disposed of so W.P.(C) No.21156/2022

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 9.24 Ares of land

situated in Survey No.350/1-3 of Rayamangalam Village, W.P.(C) No.21156/2022

Kunnathunadu 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 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.

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, W.P.(C) No.21156/2022

and to pass orders thereon in accordance with law, within a

period of four months.

Sd/-

N.NAGARESH JUDGE

AJ W.P.(C) No.21156/2022

APPENDIX OF WP(C) 21156/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE TAX RECEIPT DATED 07.07.2021 ISSUED BY THE RAYAMANGALAM VILLAGE OFFICE.

Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 19.03.2022 ISSUED BY THE RAYAMANGALAM, VILLAGE OFFICE.

Exhibit P3 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 24.03.2012.

Exhibit P4 A COPY OF THE FORM 5, APPLICATION DATED 24.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P4(a) A COPY OF THE FEE PAYMENT CHALLAN RS.

1500/0 DATED 18.03.2022.