Surendran vs State Of Kerala
2022 Latest Caselaw 5886 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
       TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                         WP(C) NO. 12709 OF 2022
PETITIONER:

              SURENDRAN
              AGED 64 YEARS, S/O.KRISHNAN
              THAZHATHUPURAKKAL HOUSE
              KANIPAYYOOR P.O, KANIPAYYOOR VILLAGE
              KUNNAMKULAM TALUK, THRISSUR DISTRICT
              PIN 680517, PIN - 680517
              BY ADVS.
              PRABHU K.N.
              MANUMON A.
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE DISTRICT COLLECTOR PALAKKAD,
           PIN 678001,
     2     THE REVENUE DIVISIONAL OFFICER PALAKKAD
           PALAKKAD, PIN 678001, PIN - 678001
     3     THE TAHSILDAR ALATHUR TALUK
           ALATHUR TALUK , PALAKKAD DISTRICT, PIN 678541,
     4     THE VILLAGE OFFICER,
           VADAKKENCHERRY- I VILLAGE ,ALATHUR TALUK,
           PALAKKAD, PIN 678683.,
     5     THE AGRICULTURAL OFFICER VADAKKENCHERRY
           VADAKKENCHERRY,
           ALATHUR
           TALUK, PALAKKAD, PIN 678683,
     6     THE LOCAL LEVEL MONITORING COMMITTEE
           ( CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND
           AND WETLAND ACT 2008)
           REPRESENTED BY ITS CONVENOR THE AGRICULTURAL OFFICER
           VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT,
           PIN 678683
           SMT.SURYA BINOY B, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12709 OF 2022

                                    2




                           JUDGMENT

Dated this the 31st day of May, 2022

The petitioner, who is the owner of 0.1652 Hectares of

land in Vadakkencherry I Village of Alathur Taluk in Palakkad

District, has filed this writ petition, seeking to direct the 2 nd

respondent to consider and dispose of Ext.P3 application within

a short time frame.

2. The petitioner states that he is the owner of 0.1652

Hectares of land in Re-Survey No.155/9 of Block No.44 of

Vadakkencherry I Village, Alathur Taluk in Palakkad District.

Ext.P1 is the Possession Certificate. According to the

petitioner, his land is a dry land, but was erroneously included

in Data Bank prepared under the Kerala Conservation of Paddy

Land and Wetland Act, 2008. Aggrieved by the inclusion of the

land in Data Bank, the petitioner submitted application in Form WP(C) NO. 12709 OF 2022

5 to the 6th respondent. Thereafter, the land was excluded from

Data Bank as can be seen from Ext.P2. Thereafter, the

petitioner submitted Form 6 application before the 2 nd

respondent for changing the nature of the land in BTR. Ext.P3

is the Form 6 application.The petitioner has submitted

application for permission to use the land for other purpose.

Ext.P3 has not been considered by the 2nd respondent so far.

The petitioner states that the 2nd respondent is compellable to

pass orders on Ext.P3 within a reasonable time.

3. The learned Government Pleader entered

appearance on behalf of the respondents and resisted the writ

petition. The learned Government Pleader submitted that

though a decision was taken to remove the land from the Data

Bank, a notification has not been published so far. At any rate,

no notification removing the land from the Data Bank has been

submitted along with the application. WP(C) NO. 12709 OF 2022

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. The petitioner has submitted Ext.P3 application

invoking his statutory right under Rule 12(1) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008. Ext.P3

being a statutory application, the competent authority is bound

to consider the same and pass orders thereon within a

reasonable time.

6. The learned Government Pleader would submit that

the application is not accompanied by a notification removing

the land in question from the Data Bank. This is a matter to be

considered by the 2nd respondent while processing the

application.

In the facts and circumstances of the case, the writ petition

is disposed of directing the 2nd respondent to consider Ext.P3

application submitted by the petitioner, if the same is complete WP(C) NO. 12709 OF 2022

in all respects, accompanied by all supporting documents and

paying the prescribed fee, if any. Orders on Ext.P3 shall be

passed within a period of three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 12709 OF 2022

APPENDIX OF WP(C) 12709/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER VADAKKENCHERRY I VILLAGE DATED 12.02.2022 Exhibit P2 TRUE COPY OF THE ORDER NO.136/32/2021-

2022 PASSED BY THE 7TH RESPONDENT DATED 17-09-2021 Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18/02/2022