Kerala High Court
Ziyad Vp vs Sub Collector on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 28125 OF 2023
PETITIONER:
ZIYAD VPAGED 47 YEARSS/O PAREETH, VALAMKOTTIL
HOUSE, MUNDAMPALAM, VAZHAKKALA VILLAGE, KAKKAND,
PIN - 682021
BY ADVS.P.THOMAS GEEVERGHESETONY THOMAS
(INCHIPARAMBIL)E.S.FIROSSRADHA MOHAN
RESPONDENTS:
1 SUB COLLECTORREVENUE DIVISIONAL OFFICE, FORT
KOCHI, PIN - 682001
2 VILLAGE OFFICERVAZHAKKALA VILLAGE, ERNAKULAM, PIN
- 682030
3 AGRICULTURAL OFFICERKRISHIBHAVAN, KAKKANAD,
ERNAKULAM, PIN - 682030
4 STATE OF KERALAREPRESENTED BY ITS PRINCIPAL
SECRETARY TO REVENUE DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
SMT.DEEPA NARAYANAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.28125/2023
2
JUDGMENT
Dated this the 18th day of August, 2023
The petitioner, who is owner of 2.02 Ares of land in
Vazhakkala Village of Kanayannur Taluk in Ernakulam District
has filed this writ petition seeking to direct the 1 st respondent-Sub
Collector to consider and pass orders on Ext.P4 application filed
by the predecessor-in-interest of the petitioner within a time
frame to be fixed by this Court.
2. The petitioner states that he is owner of 2.02 Ares of
land situated in Survey No. 512/16-2 of Vazhakkala Village of
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 'Nilam' in Revenue records also.
W.P.(C) No.28125/2023
3. The predecessor-in-interest of the land wanted to use
the land for other purposes. Hence, the predecessor-in-interest
filed Ext.P4 application in Form-5, invoking Rule 4(4D) of the
Kerala Conservation of Paddy Land and Wetland Rules, 2008.
The application was filed on 13.09.2022. 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. 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 Ext.P4
application has been made invoking a statutory remedy under
the provisions of the Kerala Conservation of Paddy Land and
Wetland Act, 2008, the application submitted by the
predecessor-in-interest of the petitioner can be considered by
W.P.(C) No.28125/2023
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 2.02 Ares of land situated in
Survey No. 512/16-2 of Vazhakkala Village of 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 predecessor-in-interest of the land wanted 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.
W.P.(C) No.28125/2023
7. The Form-5 application has been filed by the
predecessor-in-interest of 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 directing the 1 st
respondent-Sub Collector to consider Ext.P4 Form-5 application
submitted by the predecessor-in-interest of 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
jsr/
W.P.(C) No.28125/2023
APPENDIX OF WP(C) 28125/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT
DATED.19.7.2023 ISSUED BY THE VILLAGE
OFFICE, VAZHAKKALA
Exhibit P2 THE TRUE COP OF TITLE DEED OF THE
PETITIONER SALE DEED NO. 2457/2023 OF
THRIKKAKARA SRO DATED.17.6.2023
Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF
DATA BANK
Exhibit P4 THE TRUE COPY OF THE APPLICATION OF THE
PETITIONER DATED.13.9.2022
