Sreenivansan vs State Of Kerala
2023 Latest Caselaw 944 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. 1522 OF 2023
PETITIONER
             SREENIVANSAN
             AGED 60 YEARS
             S/O MADHAVAN,
             KOZHIPPALLIYALIL,
             CHUDUVALATHOOR, SHORANUR,
             PALAKKAD DISTRICT,, PIN - 679121
             BY ADV D.AJITHKUMAR
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           REVENUE DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2     DISTRICT COLLECTOR
           COLLECTORATE, KUNATHURMEDU,
           PALAKKAD, PIN - 678013
     3     REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVENUE DIVISIONAL OFFICER,
           OTTAPALAM, PALAKKAD, PIN - 679101
     4     LOCAL LEVEL MONITORING COMMITTEE
           REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
           KRISHI BHAVAN, SHORANUR RING ROAD,
           SHORNUR, PALAKKAD, PIN - 679121
     5     VILLAGE OFFICER
           SHORNUR VILLAGE,
           PALAKKAD, PIN - 679121
     6     SHORNUR MUNICIPALITY
           SHORNUR, PALAKKAD
           REPRESENTED BY ITS SECRETARY, PIN - 679121
     7     SECRETARY, SHORNUR MUNICIPALITY
           SHORNUR, PALAKKAD, PIN - 679121

           SMT.DEEPA NARAYANAN- SR.GP
           SRI.P.P.THAJUDHEEN (SC)- R6 & R7
     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.1522 OF 2023
                                    2


                            JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is co-owner of 2 Ares and 67 Square

Metres of land in Shornur-I Village of Ottappalam Taluk in

Palakkad District, has filed this writ petition seeking to direct the

3rd respondent to consider and pass orders on Ext.P7

application within a time frame to be fixed by this Court.

2. The petitioner states that he is co-owner of 2 Ares

and 67 Square Metres of land situated in Survey No.23/3A-3 in

Block No.2 of Shornur-I Village, Ottappalam Taluk in Palakkad

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.P7 application in WP(C) NO.1522 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 respondents

1 to 5 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,

the learned Government Pleader representing respondents 1 to WP(C) NO.1522 OF 2023

5 and Adv.P.P.Thajudheen, the learned Standing Counsel

representing respondents 6 and 7.

6. The petitioner is co-owner of 2 Ares and 67 Square

Metres of land situated in Survey No.23/3A-3 in Block No.2 of

Shornur-I Village, Ottappalam Taluk in Palakkad 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 WP(C) NO.1522 OF 2023

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

3rd respondent-Revenue Divisional Officer to consider Ext.P7

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 one month. The question of

challenge against Ext.P4 Stop Memo is left open.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.1522 OF 2023

APPENDIX OF WP(C) 1522/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED DATED 16.06.2010 EXECUTED IN FAVOUR OF THE PETITIONER AND HIS WIFE Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 20.09.2022 ISSUED FROM VILLAGE OFFICE, SHORNUR-I Exhibit P3 TRUE COPY OF THE BUILDING PERMIT NO.B.A.NO.394/11-12 ISSUED FROM 6TH RESPONDENT MUNICIPALITY DATED 25.10.2013 Exhibit P4 TRUE COPY OF THE STOP MEMO DATED 23.03.2022 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED NIL ALONG WITH RECEIPT FOR THE SAME DATED 29.9.2022 ISSUED FROM THE 6TH RESPONDENT MUNICIPALITY Exhibit P6 TRUE COPY OF THE GAZETTE NOTIFICATION NO.E2-8498/2022 DATED 24.03.2012 PUBLISHED IN KERALA GAZETTE DATED 24.3.2012 Exhibit P7 TRUE COPY OF THE FORM 5 APPLICATION DATED 20.09.2022 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT

RESPONDENT'S EXHIBITS : NIL