Ahmed Sayid Abdulla vs The Revenue Divisional Officer
2023 Latest Caselaw 958 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. 1419 OF 2023
PETITIONER:

         AHMED SAYID ABDULLA
         AGED 29 YEARS
         S/O ABDULLAKOYA,NOOR MAHAL,MANTHOTTAM,
         ARAKKINAR, KOZHIKKODE, PIN - 673028

         BY ADVS.
         P.E.SAJAL
         AJAS K.S.


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE
         KOZHIKKODE COLLECTORATE
         CIVIL STATION P.O, KOZHIKODE, PIN - 673101
    2    THE AGRICULTURE OFFICER
         PERUVAYAL KRISHI BHAVAN,
         PERUVAYAL, KOZHIKODE, PIN - 673008

         SMT.VIDYA KURIAKOSE GP

     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.1419 of 2023

                               2


                           JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is owner of 26.91 Ares of land in

Block No.4 of Kuttikkattur Village of Kozhikode Taluk in

Kozhikode District, has filed this writ petition seeking to direct

the 1st respondent-Revenue Divisional Officer to consider and

pass orders on Ext.P5 application within a time frame to be

fixed by this Court.

2. The petitioner states that he is owner of 26.91 Ares

of land situated in Survey No.79/44 of Block No.4 of

Kuttikkattur Village, Kozhikode Taluk in Kozhikode 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 'Nanja' in Revenue

records also.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P5 application in WP(C) No.1419 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 03.01.2023. 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.1419 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 26.91 Ares of land

situated in Survey No.79/44 of Block No.4 of Kuttikkattur

Village, Kozhikode Taluk in Kozhikode 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. WP(C) No.1419 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

1st respondent-Revenue Divisional Officer to consider Ext.P5

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 three months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.1419 of 2023

APPENDIX OF WP(C) 1419/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TITLE DEED NO 4561/2013 DATED 11/11/2013 REGISTERED BY THE SUB REGISTRAR MAVOOR Exhibit P2 TRUE COPY OF THE LATEST LAND TAX RECEIPT OF THE PETITIONER'S PROPERTY DATED 08/06/2022 Exhibit3 TRUE COPY OF DATA BANK DATED 19/02/2021 Exhibit P4 TRUE COPY OF THE PHOTO GRAPH OF THE PETITIONER'S PROPERTY IN THE ROAD LEVEL Exhibit P5 TRUE COPY OF THE FORM 5 APPLICATION DATED 03/01/2023 SUBMITTED BEFORE THE 1ST RESPONDENT