C M Jibin vs Revenue Divisional Officer, ...
2023 Latest Caselaw 939 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                          WP(C) NO. 1572 OF 2023
PETITIONER

             C M JIBIN,S/O.MUHAMMED
             AGED 36 YEARS
             CHERUPURATH HOUSE, KUTTILANJI, PANIPRA P.O., ERNAKULAM
             DISTRICT, PIN - 686692
             BY ADV T.K.AJITHKUMAR (VALATH)


RESPONDENTS:

     1       REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
             OFFICE OF THE REVENUE DIVISIONAL OFFICE,
             MUVATTUPUZHA P.O., PIN - 686661
     2       LOCAL LEVEL MONITORING COMMITTEE OF NELLIKUZHY GRAMA
             PANCHAYAT
             REPRESENTED BY THE CONVENER/AGRICULTURAL OFFICER,
             LOCAL LEVEL MONITORING COMMITTEE,
             NELLIKUZHY GRAMA PANCHAYAT, NELLIKUZHY, PIN - 686691
     3       AGRICULTURAL OFFICER
             KRISHI BHAVAN, NELLIKUZHY GRAMA PANCHAYAT, NELLIKUZHY,
             PIN - 686691
             SMT.DEEPA NARAYANAN SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1572 OF 2023
                                       2


                           JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is owner of 27.38 Ares of land in

Eramalloor Village of Kothamangalam Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 1st

respondent 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 27.38 Ares

of land situated in Survey Nos. 284/11-1-3, 284/14-2 and

285/4-2 of Eramalloor Village, Kothamangalam 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 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- WP(C) NO.1572 OF 2023

5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008. The application was filed on

05.09.2022. 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.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the WP(C) NO.1572 OF 2023

respondents.

6. The petitioner is owner of 27.38 Ares of land situated

in Survey Nos. 284/11-1-3, 284/14-2 and 285/4-2 of Eramalloor

Village, Kothamangalam 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 WP(C) NO.1572 OF 2023

accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 1st

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 hmh WP(C) NO.1572 OF 2023

APPENDIX OF WP(C) 1572/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX DATED 10-

1-2023 ISSUED FROM THE OFFICE OF THE ERAMALLOORE VILLAGE OFFICE Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 5-9-2022 IN FORM NO.5, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 THE TRUE COPY OF THE LETTER DATED 5-9-

2022 ISSUED BY THE 1ST RESPONDENT