Kerala High Court
George Jacob vs State Of Kerala on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WP(C) NO. 33599 OF 2022
PETITIONER
GEORGE JACOB
AGED 66 YEARS
S/O. JACOB VARGHESE (LATE),
SPRING FLOWER APARTMENTS,
MOOLEPADAM ROAD, NEAR ST.JUDE QUARRY, VAZHAKKALA,
THRIKKAKARA.P.O, THRIKKAKARA NORTH(PART),
ERNAKULAM-682021.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, PAUL DAVIS,
AGED 42 YEARS, S/O.DAVIS JOSEPH, MANADAN HOUSE,
NEERICODE, NEERICODE.P.O, KARUMALLOOR,
NEERICODE, ERNAKULAM-683511.
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
REVENUE DIVISIONAL OFFICE, KB JACOB ROAD,
FORT KOCHI, KOCHI HEAD POST, ERNAKULAM-682001.
3 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTER
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM DIST, PIN-695072,
REPRESENTED BY ITS DIRECTOR.
4 THE DISTRICT COLLECTOR,
ERNAKULAM COLLECTORATE, CIVIL STATION, KAKKANAD POST,
ERNAKULAM DISTRICT, PIN-682030.
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER, KRISHI
BHAVAN, EDATHALA,
EDATHALA.P.O, ERNAKULAM-683564.
WP(C) NO.33599 OF 2022
2
6 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, EDATHALA, EDATHALA.P.O, ERNAKULAM-
683564.
SMT.VIDYA KURIAKOSE Government Pleader
SRI.S.VISHNU (SC) - R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.33599 OF 2022
3
JUDGMENT
Dated this the 3rd day of November, 2022
The petitioner, who is owner of 20.29 Ares of land in
Aluva East Village of Aluva Taluk in Ernakulam District, has
filed this writ petition seeking to direct the 2nd 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 20.29 Ares
of land situated in Survey Nos.262/5-2 and 262/6 of Aluva East
Village, Aluva Taluk in Ernakulam District. The land is 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 'Niam' 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
WP(C) NO.33599 OF 2022
26.09.2022. 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.
WP(C) NO.33599 OF 2022
6. The petitioner is owner of 20.29 Ares of land situated
in Survey Nos.262/5-2 and 262/6 of Aluva East Village, Aluva
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.
WP(C) NO.33599 OF 2022
The writ petition is therefore disposed of directing the 2nd
respondent-Revenue Divisional Officer 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
hmh
WP(C) NO.33599 OF 2022
APPENDIX OF WP(C) 33599/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT
NO.KL07041306600/2022 DATED 27.04.2022
ISSUED BY THE ALUVA EAST VILLAGE
OFFICER.
Exhibit P2 A COPY OF POSSESSION CERTIFICATE
NO.66341969 DATED 13.07.2022 ISSUED BY
ALUVA EAST VILLAGE OFFICER.
Exhibit P3 A COPY OF THE RELEVANT PAGES OF DATA
BANK PUBLISHED IN GAZETTE DATED
24.03.2012
Exhibit P4 A COPY OF THE FORM.5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 26.09.2022.
Exhibit P5 A COPY OF THE FEE PAYMENT CHALLAN
NO.KL-12344149202223M DATED 30.07.2022
FOR RS.1,500/-.
