Anchu M S vs State Of Kerala
2023 Latest Caselaw 484 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                     WP(C) NO. 718 OF 2023
PETITIONER:

         ANCHU M S
         AGED 49 YEARS
         W/O ANIL KUMAR, PUTHALATH NANDANAM,
         PUTHALATHU ROAD, KALAMASSERY,
         ERNAKULAM, PIN - 683104

         BY ADVS.
         SANTHAN V.NAIR
         CHRISTEENA P GEORGE


RESPONDENTS:

    1    STATE OF KERALA REPRESENTED BY THE CHIEF
         SECRETARY TO GOVERNMENT OF KERALA
         GOVERNMENT SECRETARIAT, STATUE,
         THIRUVANANTHAPURAM, PIN - 695001
    2    THE REVENUE DIVISIONAL OFFICER
         OFFICE OF THE RDO, 1ST FLOOR,
         K.B.JACOB ROAD, FORT KOCHI,
         ERNAKULAM, PIN - 682001

         SMT.VIDYA KURIAKOSE GP

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 11.01.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.718 of 2023

                               2


                           JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 1.61 Ares of land in

Block No.5 of Thrikkakkara North Village of Kanayannur Taluk

in Ernakulam District, has filed this writ petition seeking to

direct the 2nd respondent-Revenue Divisional Officer to

consider and pass orders on Ext.P4 application within a time

frame to be fixed by this Court.

2. The petitioner states that she is owner of 1.61 Ares

of land situated in Survey Nos.339/7-3-2 and 339/7-4 of Block

No.5 of Thrikkakkara North 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 'Nilam' in Revenue records also.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P4 application in WP(C) No.718 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 20.09.2022. 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. 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. WP(C) No.718 of 2023

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner is owner of 1.61 Ares of land situated

in Survey Nos.339/7-3-2 and 339/7-4 of Block No.5 of

Thrikkakkara North 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 her 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 she 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 her statutory right under Rule 4(d) of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008. WP(C) No.718 of 2023

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

2nd respondent-Revenue Divisional Officer to consider Ext.P4

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.718 of 2023

APPENDIX OF WP(C) 718/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE UDAYAM REGISTRATION CERTIFICTE DATED 10-11-2022 NO.UDYAM_KL-02-0047145 Exhibit P2 TRUE COPY OF THE REVENUE TAX RECEIPT DATED 14-6-2022 ISSUED BY THE THRIKKAKARA NORTH VILLAGE OFFICER .

Exhibi P3         TRUE COPY OF THE DATA BANK RECORDS
                  RECEIVED     FROM     KRISHI   BHAVANM,
                  KALAMASSERY
Exhibit P4        TRUE COPY OF THE FORM 5 DATED 20-9-
                  2022 FILED BEFORE THE 2ND RESPONDENT