Abdul Gafoor vs Revenue Divisional Officer
2023 Latest Caselaw 1244 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 1727 OF 2023
PETITIONER:

          ABDUL GAFOOR,
          AGED 42 YEARS,
          S/O. MAYINKUTTY, PALORAMMAL,
          KIZHOKKOTH P O
          KODUVALLY, KOZHIKODE,
          PIN - 673572

          BY ADV AASHIQUE AKTHAR HAJJIGOTHI


RESPONDENTS:

          REVENUE DIVISIONAL OFFICER,
          KOZHIKODE, CIVIL STATION, SH 29,ERANHIPPALAM,
          KOZHIKODE, PIN - 673020

          BY ADV VIDYA KURIAKOSE (GOVERNMENT PLEADER)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1727 OF 2023                 2




                                 JUDGMENT

Dated this the 18th day of January, 2023.

The petitioner, who is owner of 12.14 Ares of land in

Kizhakkoth Village of Thamaraserry Taluk in Kozhikode

District, has filed this writ petition seeking to direct the

respondent-Revenue Divisional Officer to consider and pass

orders on Ext.P2 application within a time frame to be fixed

by this Court.

2. The petitioner states that he is owner of 12.14

Ares of land situated in Survey No. 85/8 of Kizhakkoth

Village, Thamaraserry Taluk in Kozhikode 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.P2 application in

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 18.08.2022. 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

respondent 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

respondent.

6. The petitioner is owner of 12.14 Ares of land

situated in Survey No.85/8 of Kizhakkoth Village,

Thamaraserry Taluk in Kozhikode 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

respondent-Revenue Divisional Officer to consider Ext.P2

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 JJ

APPENDIX OF WP(C) 1727/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.05.2022 IN THE RE SURVEY NO 85/8 IN KIZHAKKOTH VILLAGE OF THAMARASERRY TALUK IN KOZHIKODE DISTRICT.

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR REMOVAL THE LAND FROM THE DATA BANK WHICH IS NUMBERED AS 68/2022/643195 DATED 18.08.2022