Rehima Renjith vs The Revenue Divisional Officer
2023 Latest Caselaw 678 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                     WP(C) NO. 1003 OF 2023
PETITIONER:

         REHIMA RENJITH,
         AGED 36 YEARS,
         W/O RENJITH KUMAR A R,
         RESIDING AT AYISSERIYIL,
         UDAYAMPEROOR,
         MANAKUNNAM,
         UDAYAMPEROOR,
         KANAYANNUR TALUK,
         ERNAKULAM, PIN - 682307.

         BY ADVS.
         REMYA MURALI
         U.K.DEVIDAS


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE,
         FORT KOCHI, PIN - 682021.
    2    VILLAGE OFFICER,
         KUMBALAM VILLAGE,
         PANAGAD,
         ERNAKULAM, PIN - 682506.
    3    THE LOCAL LEVEL MONITORING COMMITTEE
         REPRESENTED BY CONVENER/THE AGRICULTURAL OFFICER
         KRISHI BHAVAN,
         KUMBALAM, PIN - 682506.

         BY SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER


     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.01.2023,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1003 of 2023
                                  :2 :




                          JUDGMENT

------------------------

Dated this the 12th day of January, 2022

The petitioner, who is owner of 1.42 Ares of land in

Block No.16 of Kumbalam Village of Kanayannur Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 1st respondent 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 1.42 Ares

of land situated in Re-Survey No.269/3-8-2 of Block No.16 of

Kumbalam 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 the 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.P4 application in WP(C) No.1003 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 18.11.2022. 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 WP(C) No.1003 of 2023

respondents.

6. The petitioner is owner of 1.42 Ares of land situated

in Re-Survey No.269/3-8-2 of Block No.16 of Kumbalam

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 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.

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.1003 of 2023

The writ petition is therefore disposed of directing

the 3rd respondent-Local Level Monitoring Committee to

forward a report on Ext.P4 Form-5 application submitted by

the petitioner to the 1st respondent-Revenue Divisional Officer

within a period of one month. The Revenue Divisional Officer

shall pass final orders on Ext.P4 Form-5 application submitted

by the petitioner within a further period of two months.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.1003 of 2023

APPENDIX OF WP(C) 1003/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KUMBALAM DATED 18/11/2022.

EXHIBIT P2 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, KUMBALAM DATED 19/11/2022.

EXHIBIT P3 TRUE COPY OF THE DATABANK PUBLISHED BY THE OFFICE OF KRISHI BHAVAN, KUMBALAM. EXHIBIT P4 TRUE COPY OF THE APPLICATION IN FORM -5 DATED 18/11/2022.