Mariyam Usman vs The Revenue Divisional Officer
2022 Latest Caselaw 10901 Ker

         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. 35101 OF 2022
PETITIONER:

         MARIYAM USMAN
         AGED 50 YEARS
         D/O. KUNHABDULLA
         BAITHUL KHALEEL, AMBILERY
         KALPETTA P.O, WAYANAD - 673121

         BY ADVS.
         K.B.GANGESH
         SMITHA CHATHANARAMBATH
         ATHIRA A.MENON


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         CIVIL STATION, KOZHIKODE, PIN - 673020
    2    THE VILLAGE OFFICER
         VENGERI VILLAGE OFFICE,
         KOZHIKODE TALUK,
         KOZHIKODE DISTRICT - 673001
    3    LOCAL LEVEL MONITORING COMMITTEE
         KOZHIKODE CORPORATION,
         REP. BY ITS CONVENER, THE AGRICULTURAL OFFICER,
         KRISHI BHAVAN, PUTHIYARA, KOZHIKODE - 673004

         SMT.VIDYA KURIAKOSE 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.35101 OF 2022

                              2


                           JUDGMENT

Dated this the 3rd day of November, 2022

The petitioner, who is owner of 19 Ares and 54.8 Square

Metres of land in Block No.1 of Vengeri Village of Kozhikode

Taluk in Kozhikode District, has filed this writ petition seeking

to direct the 1st 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 she is owner of 19 Ares

and 54.8 Square Metres of land situated in Survey No.54/32

of Block No.1 of Vengeri Village, Kozhikode Taluk in

Kozhikode 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 'Nanja' 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.35101 OF 2022

Form-5, invoking Rule 4(d) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. The application was

filed on 09.08.2022. 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.35101 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 19 Ares and 54.8 Square

Metres of land situated in Survey No.54/32 of Block No.1 of

Vengeri Village, Kozhikode Taluk in Kozhikode 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

wetland. 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 Rules, 2008. WP(C) NO.35101 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

1st 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 three months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.35101 OF 2022

APPENDIX OF WP(C) 35101/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO. 2278/1/16 OF SUB REGISTRAR OFFICE, KAKKODI DATED 06.08.2016 Exhibit P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 12.08.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF DATA BANK PREPARED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF APPLICATION DATED 09.08.2022 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

RESPONDENT'S/S EXHIBITS : NIL