Kartha Jayakrishnan vs The Revenue Divisional Officer
2023 Latest Caselaw 5907 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                     WP(C) NO. 16447 OF 2023
PETITIONERS:

    1     KARTHA JAYAKRISHNAN
          AGED 52 YEARS
          S/O RAMACHANDRAN KARTHA,
          SAUPARNIKA, PADUVAPURAM,PANDAKKAL,
          ERNAKULAM - 683576.

    2     MANJU LAKSHMI AJAYAKUMAR
          AGED 43 YEARS, W/O AJAYAKUMAR,
          E120 STERLING BROOKSIDE
          MARATHAHALLI COLONY,
          BANGLORE NORTH - 560037.

          BY ADV M.S.SHAMLA


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, FORT KOCHI (PO),
          ERNAKULAM, PIN - 682001.

    2     THE AGRICULTURAL OFFICER
          KRISHI BHAVAN, KARUKUTTY,
          ERNAKULAM, PIN - 683576.

    3     THE VILLAGE OFFICER
          KARUKUTTY VILLAGE OFFICE
          ERNAKULAM, PIN - 683576.

          BY ADV.DEVISREE.R- GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.16447 of 2023
                                    2


                           JUDGMENT

Dated this the 24th day of May, 2023

The petitioners, who are owners of 4 Ares 77 Square Metre

of land in Karukutty Village of Aluva Taluk in Ernakulam District,

have filed this writ petition seeking to direct the 1 st respondent-

Revenue Divisional Officer to consider and pass orders on Ext.P3

within a time frame to be fixed by this Court.

2. The petitioners state that they are owners of 4 Ares 77

Square Metre of land situated in Survey No.31/16-3 of Karukutty

Village, Aluva 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 paddy land in Revenue records also.

3. The petitioners want to use the land for other purposes.

Hence, the petitioners submitted an application in Form-5 before

the 1st respondent invoking Rule 4(d) of the Kerala Conservation W.P.(C) No.16447 of 2023

of Paddy Land and Wetland Rules, 2008. The application was filed

on 23.02.2023. The application is not disposed of so far. Unless

the application is considered expeditiously, the petitioners will be

put to untold hardship and loss, contend the petitioners.

4. The Government Pleader representing the respondents

resisted the writ petition. The Government Pleader controverted all

material allegations made by the petitioners in the writ petition.

The Government Pleader, however, submitted that since the

petitioners have invoked a statutory remedy under the provisions

of the Kerala Conservation of Paddy Land and Wetland Act, 2008,

the application submitted by the petitioners 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 petitioners and

the learned Government Pleader representing the respondents. W.P.(C) No.16447 of 2023

6. The petitioners are owners of 4 Ares 77 Square Metre

of land situated in Survey No.31/16-3 of Karukutty Village, Aluva

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 petitioners, the land owned by them is neither

paddy land nor wetland. The land is not suitable for paddy

cultivation. The petitioners want to use the land for other purposes

and hence they have filed an application in Form-5 seeking to

remove the land from Data Bank.

7. The Form-5 application has been filed by the petitioners

invoking their 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 authority

has a legal duty to consider the application in accordance with

law, within a reasonable time.

W.P.(C) No.16447 of 2023

The writ petition is therefore disposed of with a direction to

the 1st respondent-Revenue Divisional Officer to consider Ext.P3

Form-5 application submitted by the petitioners 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 four months.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.16447 of 2023

APPENDIX OF WP(C) 16447/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT NO.

KL07041204274/2023 DATED 08.05.2023 Exhibit P2 TRUE COPY OF THE EXTRACT OF DATA BANK DATED NIL Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED UNDER FORM 5 DATED 23.02.2023 BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT NO.

                      KL07041201113/2023     FOR  PAYMENT   OF
                      STATUTORY FEE OF     EXT. P3 APPLICATION
                      DATED 23.02.2023