Amritha Devi Josnan vs The District Collector
2023 Latest Caselaw 966 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. 1267 OF 2023
PETITIONER:

         AMRITHA DEVI JOSNAN
         AGED 30 YEARS
         D/O. JOSE THOTTIPPATTU, DEVI NIVAS, HARITHA
         NAGAR, CHAMPAKKARA ROAD, POONITHURA,
         ERNAKULAM, PIN - 682038

         BY ADV ARYA UNNIKRISHNAN


RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         FIRST FLOOR, CIVIL STATION,
         KAKKANAD, ERNAKULAM, PIN - 682030
    2    THE REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         K B JACOB ROAD, FORT KOCHI,
         ERNAKULAM, PIN - 682001
    3    THE TAHSILDAR
         KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
         MARINE DRIVE, KOCHI, PIN - 682011
    4    THE AGRICULTURAL OFFICER
         UDAYAMPEROOR KRISHI BHAVAN, UDAYAMPEROOR,
         THRIPUNITHURA, ERNAKULAM, PIN - 682307

         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.1267 of 2023

                               2




                           JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is owner of 10.92 Ares of land in

Block No.19 of Manakunnam 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 Exts.P3 and P3(a) applications within a time

frame to be fixed by this Court.

2. The petitioner states that she is owner of

10.92 Ares of land in Block No.19 of Manakunnam Village,

Kanayannur Taluk in Ernakulam District, out of which 4.5 Ares

of land in Survey No.62/3-5 and 2.90 Ares of land in Survey

No.62/4-4-2 is 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.

WP(C) No.1267 of 2023

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Exts.P3 and P3(a)

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

Conservation of Paddy Land and Wetland Rules, 2008. The

applications were filed on 01.12.2022. The applications are

not disposed of so far. Unless the applications are 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

applications submitted by the petitioner can be considered by

the competent authority in accordance with law, provided the WP(C) No.1267 of 2023

applications are received, are complete in all respects and are

supported by all necessary documents.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner is owner of 10.92 Ares of land in

Block No.19 of Manakunnam Village, Kanayannur Taluk in

Ernakulam District, out of which 4.5 Ares of land in Survey

No.62/3-5 and 2.90 Ares of land in Survey No.62/4-4-2 is

garden land. 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 applications in Form-5

seeking to remove the land from Data Bank. WP(C) No.1267 of 2023

7. The Form-5 applications have 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 applications being statutory applications, the competent

authority has a legal duty to consider the applications in

accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the

2nd respondent-Revenue Divisional Officer to consider Exts.P3

and P3(a) Form-5 applications submitted by the petitioner if

the same are 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 four months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.1267 of 2023

APPENDIX OF WP(C) 1267/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPTS DATED 12.02.2021 Exhibit P1(a) TRUE COPY OF THE TAX RECEIPT DATED 04.04.2022 Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK ISSUED BY THE UDAYAMPEROOR GRAMA PANCHAYATH Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 01.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P3(a) TRUE COPY OF THE FORM 5 APPLICATION DATED 01.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 THE RECEIPT OF THE FEE FOR THE APPLICATION DATED 01.12.2022 Exhibit P4(a) THE RECEIPT OF THE FEE FOR THE APPLICATION DATED 01.12.2022