Thomas Paul vs District Collector
2023 Latest Caselaw 1522 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                         WP(C) NO. 1881 OF 2023
PETITIONER

             THOMAS PAUL
             AGED 68 YEARS
             S/O LATE M.S PAUL, MOONJAPILLY HOUSE, VAYALAR ROAD,
             SOUTH CHITTOOR P.O, ERNAKULAM, PIN - 682027
             BY ADVS.
             BEN TOM
             DEEPAK MOHAN


RESPONDENTS:

     1       DISTRICT COLLECTOR
             ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM,
             PIN - 682030
     2       REVENU DIVISIONAL OFFICER
             FORT KOCHI, RDO OFFICE, KB JACOB RD, FORT KOCHI, KOCHI,
             KERALA, PIN - 682001
     3       TAHSILDAR
             KANAYANNUR, TALUK OFFICE, NEAR SUBHASH PARK,
             MARINE DRIVE, KOCHI, KERALA, PIN - 682011
     4       VILLAGE OFFICER
             CHERANALLOOR, CHERANALLOOR VILLAGE OFFICE, CHITTOOR,
             ERNAKULAM, PIN - 682027
     5       LOCAL LEVEL MONITORING COMMITTEE
             REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
             KRISHI BHAVAN, VYTTILA,1ST FLOOR, KOCHI CORPORATION
             VYTTILA SHOPPING COMPLEX, KOCHI, KERALA, PIN - 682019

             SMT. VIDYA KURIAKOSE GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1881 OF 2023
                                     2


                            JUDGMENT

Dated this the 20th day of January, 2023

The petitioner, who is owner of 0.50 Ares of land in

Cheranalloor Village of Kanayannur Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 2nd

respondent 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 0.50 Ares of

land situated in Survey No.873/2-3 in Block No.1 of

Cheranalloor Village, Kanayannur Taluk in Ernakulam District.

The land is garden land. It is not cultivated with paddy. It is not

fit for paddy cultivation either. However, the land is included in

the Data Bank and is described as 'Nilam' in Basic Tax Register

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(d) of the Kerala Conservation of Paddy Land WP(C) NO.1881 OF 2023

and Wetland Rules, 2008. The application was filed on

20.05.2022. 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

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.

WP(C) NO.1881 OF 2023

6. The petitioner is owner of 0.50 Ares of land situated

in Survey No.873/2-3 in Block No.1 of Cheranalloor 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.

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. WP(C) NO.1881 OF 2023

The writ petition is therefore disposed of directing the

5th respondent-Local Level Monitoring Committee (LLMC) to

forward a report to the 2nd respondent-Revenue Divisional

Officer on Ext.P3 application filed by the petitioner within a

period of one month, if it is not already forwarded. Based on

the report of the LLMC, the 2nd respondent-Revenue Divisional

Officer shall pass appropriate orders on Ext.P3 Form-5

application submitted by the petitioner, within a further period of

two months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.1881 OF 2023

APPENDIX OF WP(C) 1881/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 20.05.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 22.02.2021 Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.05.2022