Kerala High Court
Dr.K.E.Eapen 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. 35188 OF 2022
PETITIONER:
DR.K.E.EAPEN, AGED 78 YEARS, S/O.K.E.EAPEN (LATE),
KADAMAPUZHA HOUSE, KANJIRAPALLY.P.O., ERNAKULAM - 686507.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
EAPEN KADAMAPUZHA EAPEN, AGED 47 YEARS,
S/O.DR.K.E.EAPEN, KADAMAPUZHA HOUSE, KANJIRAPALLY.P.O.,
ERNAKULAM - 686507. NOW RESIDING AT NO.9002,
SOBHA DAFFODIL, 24TH MAIN, 2ND SECTOR, NEAR DHL OFFICE,
HSR LAYOUT, BANGALORE SOUTH, KARNATAKA, - 560102.
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 REVENUE DIVISIONAL OFFICER,
FORT KOCHI REVENUE DIVISIONAL OFFICE, KB JACOB RD,
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- 695 072
REPRESENTED BY ITS DIRECTOR.
4 DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE,
CIVIL STATION, KAKKANAD POST, ERNAKULAM DISTRICT-682030.
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER
KRISHI BHAVAN, VYTTILA, COCHIN CORPORATION,
ERNAKULAM- 682 019.
6 AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA,
COCHIN CORPORATION, ERNAKULAM- 682 019.
SMT.DEEPA NARAYANAN SR.GP
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.35188 OF 2022
2
JUDGMENT
Dated this the 3rd day of November, 2022
The petitioner, who is owner of 12.55 Ares of land in
Block No.1 of Elamkulam Village of Kanayannur Taluk in
Ernakulam District, has filed this writ petition seeking to direct
the 2nd respondent-Revenue Divisional Officer 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 12.55 Ares
of land situated in Survey No.74/1-2 of Block No.1 of
Elamkulam Village, Kanayannur Taluk in Ernakulam District.
The land is a garden land. It is not cultivated with paddy. It is
not fit for paddy cultivation either. However, the land is
included in Data Bank and is described as 'Nilam' in Revenue
records also.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P4 application in
WP(C) NO.35188 OF 2022
Form-5, invoking Rule 4(d) of the Kerala Conservation of
Paddy Land and Wetland Rules, 2008. The application was
filed on 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.
WP(C) NO.35188 OF 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 12.55 Ares of land
situated in Survey No.74/1-2 of Block No.1 of Elamkulam
Village, Kanayannur 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.
WP(C) NO.35188 OF 2022
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
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
spk
WP(C) NO.35188 OF 2022
APPENDIX OF WP(C) 35188/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT
NO.KL07022308030/2021 DATED 28.06.2021
ISSUED BY THE ELAMKULAM VILLAGE
OFFICE.
Exhibit P2 A COPY OF POSSESSION CERTIFICATE
NO.67747720 DATED 31.08.2022 ISSUED BY
ELAMKULAM VILLAGE OFFICER.
Exhibit P3 A COPY OF THE RELEVANT PAGES OF DATA
BANK PUBLISHED IN GAZETTE DATED
25.02.2021.
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.KL013451352202223M DATED
12.08.2022.
RESPONDENT'S/S EXHIBITS : NIL
