Arafath. M. A vs The District Collector
2023 Latest Caselaw 8518 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. 25592 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 - 682030
     2        THE REVENUE DIVISIONAL OFFICER
              FORT KOCHI REVENUE DIVISIONAL OFFICE,
              K B JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001
     3        THE TAHSILDAR
              ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION,
              PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101
     4        THE AGRICULTURAL OFFICER
              NEDUMBASSERY KRISHI BHAVAN, NEDUMBASSERY,
              ALUVA, ERNAKULAM, PIN - 683572
     5        THE DIRECTOR
              KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
              VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033


              BY ADV
              SMT. DEVISREE R. - GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.25592 OF 2023

                                 2




                           JUDGMENT

Dated this the 7th day of August, 2023

The petitioner, who is owner of 6.66 Ares of land in

Nedumbassery Village of Aluva Taluk in Ernakulam District, has

filed this writ petition seeking to direct the 2 nd 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 6.66 Ares of

land situated in Survey Nos.119/3-2, 119/4 and 119/6-2 of

Block No.9 of Nedumbassery Village of 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.25592 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 W.P.(C) NO.25592 OF 2023

respondents.

6. The petitioner is owner of 6.66 Ares of land situated

in Survey Nos.119/3-2, 119/4 and 119/6-2 of Block No.9 of

Nedumbassery Village of 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 W.P.(C) NO.25592 OF 2023

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 report to the

2nd respondent-Revenue Divisional Officer within a period of

one month. The Revenue Divisional Officer shall pass orders on

Ext.P3 Form-5 application on the basis of the report of the

Agricultural Officer, within a further period of three months.

Sd/-

N.NAGARESH JUDGE ded W.P.(C) NO.25592 OF 2023

APPENDIX OF WP(C) 25592/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 29.04.2023 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK ISSUED BY NEDUMBASSERY KRISHI BHAVAN DATED 17.10.2022 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