T.S Mohanlal vs The Revenue Divisional Officer
2023 Latest Caselaw 8444 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                    WP(C) NO. 25826 OF 2023
PETITIONER:

         T.S MOHANLAL
         AGED 66 YEARS
         S/O. LATE P.V SADANANDAN, 37/1202A,
         PANACKAL HOUSE, FATHIMA CHURCH ROAD,
         OPP. AREENA APARTMENTS, ELAMKULAM,
         KADAVANTHRA, ERNAKULAM, PIN - 682020

         BY ADV C.K.SHERIN


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         KB JACOB ROAD, FORT KOCHI, PIN - 682001
    2    THE AGRICULTURAL OFFICER
         KRISHI BHAVAN, VYTTILA, PIN - 682019
    3    CORPORATION OF COCHIN
         REPRESENTED BY ITS SECRETARY
         PARK AVENUE ROAD, ERNAKULAM, PIN - 682011


         SMT. DEVISREE R., SENIOR GOVERNMENT PLEADER
         SRI.K.JANARDHANA SHENOY, STANDING COUNSEL


     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 07.08.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.25826 of 2023



                             2


                          JUDGMENT

Dated this the 7th day of August, 2023

The petitioner, who is owner of 2.86 Ares of land in

Block No.1 of Poonithura Village of Kanayannur Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 1st respondent-Revenue Divisional Officer to consider and

pass orders on Ext.P6 application within a time frame to be

fixed by this Court.

2. The petitioner states that he is owner of 2.86 Ares

of land situated in Survey Nos.339/1-78, 339/1-78-2, 339/2-11

and 339/2-11-2 of Block No.1 of Poonithura 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 paddy land in Revenue records also.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P6 application in WP(C) No.25826 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 02.06.2022. 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 WP(C) No.25826 of 2023

respondents.

6. The petitioner is owner of 2.86 Ares of land situated

in Survey Nos.339/1-78, 339/1-78-2, 339/2-11 and 339/2-11-2

of Block No.1 of Poonithura 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. Counsel for the

petitioner would point out that Ext.P3 is the Building Permit

issued by the Local Self Government Institution permitting

construction of the building in the year 2018. Ext.P4 report of

the Village Officer indicates that the land stands converted.

7. The Form-5 application has been filed by the

petitioner invoking his statutory right under Rule 4(4D) of the WP(C) No.25826 of 2023

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

1st respondent-Revenue Divisional Officer to consider Ext.P6

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 two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.25826 of 2023

APPENDIX OF WP(C) 25826/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1605/2018 DATED 23.07.2018 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 27.07.2022 ISSUED BY THE POONITHURA VILLAGE OFFICER Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT NO.

KRP2/314/17 DATED 04.05.2018 ISSUED BY THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED NIL TO THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK Exhibit P6 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 02.06.2022 Exhibit P7 TRUE COPY OF THE RECEIPT DATED 02.06.2022