Kerala High Court
William George vs The District Collector, ... on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 31658 OF 2022
PETITIONER
WILLIAM GEORGE
AGED 46 YEARS
S/O A.S.JOSEPH, ALATHARA HOUSE, THAIKKATTUKARA,
ERNAKULAM DISTRICT, KERALA-683106.
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
RESPONDENTS
1 THE DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, ERNAKULAM, KAKKANAD,
KOCHI, KERALA - 682030.
2 THE RDO,
1ST FLOOR TALUK OFFICE, JACOB ROAD, FORT KOCHI,
KERALA - 682 001.
3 THE TAHSILDAR,
ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL
STATION, CIVIL STATION ROAD, PERIYAR NAGAR,
ALUVA, KERALA-683101.
4 THE VILLAGE OFFICER,
CHOORNIKKARA VILLAGE OFFICE, COMPANYPADI,
CHOORNIKKARA, ALUVA, KERALA-683501.
5 THE AGRICULTURAL OFFICER,
KRISHIBHAVAN CHOORNIKKARA, VALIYANNUR,
COMPANYPADI JUNCTION, CHOORNIKKARA, ALUVA,
KERALA-683501.
W.P(C) No.31658 of 2022 2
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6 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHIBHAVAN CHOORNIKKARA, VALIYANNUR,
COMPANYPADI JUNCTION, CHOORNIKKARA, ALUVA,
KERALA-683501
SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.31658 of 2022 3
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JUDGMENT
Dated this the 7th day of October, 2022
The petitioner, who is owner of 2.20 Ares of land in
Choornikkara Village of Aluva Taluk in Ernakulam District, has
filed this writ petition seeking to direct the 2 nd respondent to
consider and pass orders on Ext.P3 application within a time
frame to be fixed by this Court.
2. The petitioner states that he is owner of 2.20 Ares of
land situated in Survey No.155/7-1-2 in Block No.34 of
Choornikkara Village, Aluva 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 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.P3 application in
Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008. The application was filed on
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07.02.2022. 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.
6. The petitioner is owner of 2.20 Ares of land situated
in Survey No.155/7-1-2 in Block No.34 of Choornikkara Village,
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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.
The writ petition is therefore disposed of directing the
2nd respondent to consider Ext.P3 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
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pass orders thereon in accordance with law, within a period of
three months.
Sd/-
N. NAGARESH, JUDGE
smm/10.10.2022
]
APPENDIX OF WP(C) 31658/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER OF TITLE DEED
DATED 17/03/2010.
Exhibit P1A THE TRUE COPY OF THE LAND TAX RECEIPT
ISSUED FROM THE OFFICE OF 4TH RESPONDENT
DATED 15/07/2021.
Exhibit P2 THE TRUE COPY OF THE DATA BANK DETAILS
DATED 15/03/2012 ISSUED FROM THE
CHOORNIKKARA GRAMA PANCHAYATH.
Exhibit P3 THE TRUE COPY OF THE FORM .5 APPLICATION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 07/02/2022.
Exhibit P3A THE TRUE COPY OF THE PAYMENT RECEIPT
DATED 07/02/2022.
Exhibit P4 THE TRUE COPY OF THE SCREEN SHOT DETAILS
REGARDING CURRENT STATUS.
