Satinder Kaur Rekhi vs The District Collector
2023 Latest Caselaw 959 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. 1388 OF 2023
PETITIONERS:

         SATINDER KAUR REKHI, AGED 67 YEARS,
         W/O SURJEETH SING REKHI, RAGADIHAL,
         KARITHALA DESAM, PANAMPILLY NAGAR,
         ERNAKULAM, PIN - 682036

         BY ADVS.
         VINU CHAND
         GEEVARGHESE MATHEW
         C.R.VINOD KUMAR


RESPONDENTS:

    1    THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD,
         ERNAKULAM, PIN - 682030
    2    THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
         ERNAKULAM , PIN - 682001
    3    THE VILLAGE OFFICER, ELAMKULAM VILLAGE, MIG 20,
         GANDINAGAR ROAD, KADAVANTHRA,
         ERNAKULAM, PIN - 682020
    4    THE AGRICULTURAL OFFICER, KRISHIBHAVAN,
         VYITTILA, ERNAKULAM, PIN - 682019

         SMT.DEEPA NARAYANAN SR 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.1388 of 2023

                               2


                           JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is owner of 2.85 Ares of land in

Block No.1 of Elamkulam 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 2.85 Ares

of land situated in Survey No.778/3-49 of Block No.1 of

Elamkulam 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.1388 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 24.10.2022. 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.1388 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 2.85 Ares of land situated

in Survey No.778/3-49 of Block No.1 of Elamkulam 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.1388 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.1388 of 2023

APPENDIX OF WP(C) 1388/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX PAID RECEIPT OF THE ABOVE PROPERTY DATED 08/06/2022 ISSUED BY THE 3RD RESPONDENT Exhibit2 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE ACTUAL LIE AND NATURE AS WELL AS THE PRESENT APPEARANCE OF THE PROPERTIES Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK ISSUED BY THE 4TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED 24/10/2022 SUBMITTED BY THE PETITIONER THROUGH ONLINE BEFORE THE 2ND RESPONDENT