Kerala High Court
Arafath M. A vs The District Collector on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 24666 OF 2023
PETITIONER:
ARAFATH M. A.
AGED 36 YEARS
S/O. ABDUL KADAR, MUNDETH HOUSE, BUNGLAW ROAD,
KALADY, ERNAKULAM, PIN - 683 574.
BY ADVS.
SHAKTHI PRAKASH
MUHASIN K.M.
FARHANA K.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN
- 682 030.
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
FORT KOCHI, ERNAKULAM, PIN - 682 001.
3 THE TAHSILDAR
ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION,
PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683 101.
4 THE AGRICULTURAL OFFICER
NEDUMBASSERY KRISHI BHAVAN, NEDUMBASSERY, ALUVA,
ERNAKULAM, PIN - 683 572.
5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
BY ADV
SMT.DEEPA N-SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.24666 of 2023
2
JUDGMENT
Dated this the 1st day of August, 2023
The petitioner, who is owner of 6.79 Ares of land in
Block No.9 of Nedumbassery Village of Aluva 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.P3 application within a time frame to be
fixed by this Court.
2. The petitioner states that he is owner of 6.79 Ares of
land situated in Survey No.119/1 of Nedumbassery 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 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.P3 application in
Form-5, invoking Rule 4(4D) of the Kerala Conservation of
W.P.(C) No.24666 of 2023
Paddy Land and Wetland Rules, 2008. The application was filed
on 15.06.2023. 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.
W.P.(C) No.24666 of 2023
6. The petitioner is owner of 6.79 Ares of land situated
in Survey No.119/1 of Nedumbassery 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(4D) 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 with a
direction to the 4th respondent-Agricultural Officer to forward a
W.P.(C) No.24666 of 2023
report to the 2nd respondent-Revenue Divisional Officer within a
period of one month. The 2nd respondent-Revenue Divisional
Officer shall pass orders on Ext.P3 Form-5 application on the
basis of the report of the 4th respondent-Agricultural Officer,
within a further period of two months.
Sd/-
N.NAGARESH
JUDGE
AMR
W.P.(C) No.24666 of 2023
APPENDIX OF WP(C) 24666/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
29.04.2023.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DRAFT
DATA BANK.
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION
DATED 15.06.2023 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE RECEIPT DATED
15.06.2023 EVIDENCING THE PAYMENT OF
FEE FOR FORM 5 APPLICATION.
