Priyalakshmi G vs State Of Kerala
2022 Latest Caselaw 8043 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. 21097 OF 2022
PETITIONER:
         PRIYALAKSHMI G,
         AGED 53 YEARS
         W/O. RAMESH MANKUZHY, 29/66A, KARTHIKA, TOCH
         SCHOOL ROAD, VYTTILA P.O, ERNAKULAM DISTRICT-
         682 019.
         BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY, REVENUE
         DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM- 695 001.
    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    REVENUE DIVISIONAL OFFICER,
         FORT KOCHI, REVENUE DIVISIONAL OFFICE, FORT
         KOCHI, KB JACOB RD, FORT KOCHI, ERNAKULAM ,
         DIST 682 001.
    4    AGRICULTURAL FIELD OFFICER,
         KRISHI BHAVAN, VYTTILA, ERNAKULAM DIST., PIN
         682 019.
    5    LOCAL LEVEL MONITORING COMMITTEE,
         (REPRESENTED BY ITS CONVENER AGRICULTURAL
         OFFICER), KRISHI BHAVAN, VYTTILA, ERNAKULAM
         DISTRICT, PIN 682 019.


         SMT. SURYA BINOY 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.21097/2022
                             2



                        JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, who is owner of an extent of 4.45

Ares of land in Poonithura Village of Kanayannoor 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 she is owner of 4.45

Ares of land situated in Survey Nos. 993/1-2 and 993/7-2

in Block No.1 of Poonithura Village, Kanayannoor 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 W.P.(C) No.21097/2022

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 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. W.P.(C) No.21097/2022

5. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondents.

6. The petitioner is owner of 4.45 Ares of land

situated in Survey Nos.993/1-2 and 993/7-2 in Block

No.1 of Poonithura Village, Kanayannoor 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 wet land. 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 W.P.(C) No.21097/2022

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, and to pass orders thereon in

accordance with law, within a period of four months.

Sd/-

N.NAGARESH JUDGE

AJ W.P.(C) No.21097/2022

APPENDIX OF WP(C) 21097/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE TAX RECEIPT DATED 22.11.2022 ISSUED BY THE POONITHURA VILLAGE OFFICE.

Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 06.05.2022 ISSUED BY THE POONITHURA VILLAGE OFFICE.

Exhibit P3 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 25.02.2021.

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 FOR RS. 1500/- DATED 02.06.2022.