Soniya Reymond vs Revenue Disional Officer Tirur
2023 Latest Caselaw 7314 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                    WP(C) NO. 20762 OF 2023
PETITIONER:

         SONIYA REYMOND
         AGED 38 YEARS
         D/O. REYMONT BOSS, BOSSVILLA,
         TRIPRANGODE P.O. TRIPRANGODE AMSOM, DESOM,
         TIRUR TALUK, MALAPPURAM, PIN - 676108

         BY ADVS.
         K.P.SHEREEF
         NABIL KHADER


RESPONDENT:

         REVENUE DISIONAL OFFICER, TIRUR
         P.O.TIRUR, MALAPPURAM DISTRICT .,
         PIN - 676101


         SMT.AMMINIKUTTY-SR.GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP        FOR
ADMISSION ON 27.06.2023,      THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.20762 of 2023

                                2


                            JUDGMENT

Dated this the 27th day of June, 2023

The petitioner, who is owner of 4.28 Ares of land in

Block No.11 of Triprangode Village of Tirur Taluk in

Malappuram District, has filed this writ petition seeking to

direct the respondent-Revenue Divisional Officer to consider

and pass orders on Ext.P3 application within a time frame to

be fixed by this Court.

2. The petitioner states that she is owner of 4.28 Ares

of land situated in Survey No.230/1B1-43 of Block No.11 of

Triprangode Village, Tirur Taluk in Malappuram 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.P3 application in WP(C) No.20762 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 28.04.2023. 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

respondent 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.20762 of 2023

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondent.

6. The petitioner is owner of 4.28 Ares of land situated

in Survey No.230/1B1-43 of Block No.11 of Triprangode

Village, Tirur Taluk in Malappuram 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.20762 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

respondent-Revenue Divisional Officer to consider Ext.P3

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.20762 of 2023

APPENDIX OF WP(C) 20762/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTIES TAKEN ON 12-

                  06-2023
Exhibit P2        TRUE COPY OF THE REVENUE RECEIPT
                  NO.KL10042806956/2023     ISSUED     BY

TRIPRANGODE VILLAGE OFFICER ON 7-6-

Exhibit P3 TRUE COPY OF THE FORM 5 PETITION NO.

                  51 / 2023/49005 DATED 28-04-2023
Exhibit P4        TRUE    COPY   OF    A   RECEIPT    NO.
                  KL10042804043/2023      ISSUED       BY

TRIPRANGODE VILLAGE OFFICER ON 28-04-

Exhibit P5 TRUE COPY OF THE COMPUTER GENERATED PRINT OUT OF THE FILE MOVEMENT OF THE EXHIBIT P3 PETITION TAKEN ON 13-6-2023