Kavitha Francis vs Revenue Divisional Officer
2023 Latest Caselaw 5909 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. 16441 OF 2023
PETITIONER:

          KAVITHA FRANCIS
          AGED 55 YEARS
          VILLA NO.2, SOUPARNIKA GARDENS,
          THRIPUNITHURA - 682301.

          BY ADVS.
          K.I.MAYANKUTTY MATHER
          S.PARVATHI


RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICE,
          K. B. JACOB ROAD, FORT KOCHI P. O.,
          KOCHI - 682001.

    2     TAHSILDAR (LAND RECORDS)
          TALUK OFFICE, KANAYANNUR, PARK AVENUE ROAD,
          MARINE DRIVE, ERNAKULAM,
          KOCHI - 682011.

    3     LOCAL LEVEL MONITORING COMMITTEE
          KRISHI BHAVAN, MINI CIVIL STATION,
          MAIN ROAD, THRIPPUNITHURA, KOCHI- 682301.
          REP. BY ITS CONVENOR,
          AGRICULTURAL OFFICER.

          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.16441 of 2023
                                 2




                         JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 2.2 Ares of land in

Thekkumbhagom Village of Kanayannur Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 1 st

respondent-Revenue Divisional Officer to consider and pass

orders on Ext.P8 within a time frame to be fixed by this Court.

2. The petitioner states that she is owner of 2.2 Ares of

land situated in Re-Survey No.97 (Old Survey No.133/3) in Block

No.362 of Thekkumbhagom 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 paddy land in

Revenue records also.

W.P.(C) No.16441 of 2023

3. The petitioner wants to use the land for other purposes.

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

the 1st respondent invoking Rule 4(d) of the Kerala Conservation

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

on 30.01.2023. 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 W.P.(C) No.16441 of 2023

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 2.2 Ares of land situated in

Re-Survey No.97 (Old Survey No.133/3) in Block No.362 of

Thekkumbhagom 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 W.P.(C) No.16441 of 2023

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.

The writ petition is therefore disposed of with a direction to

the 1st respondent-Revenue Divisional Officer to consider Ext.P8

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 four months.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.16441 of 2023

APPENDIX OF WP(C) 16441/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.698/2006, THRIPUNITHURA SUB REGISTRY OFFICE DATED 15.02.2006 Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 16.05.2006 ISSUED BY THE THRIPUNITHURA MUNICIPALITY Exhibit P3 TRUE COPY OF THE LATEST PROPERTY TAX RECEIPT DATED 29.04.2023 Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 10.03.2023 Exhibit P5 PHOTOGRAPHS SHOWING THE ENTRANCE TO THE PROJECT AND THE INTERNAL ROAD Exhibit P5(a) PHOTOGRAPHS SHOWING THE INTERNAL ROAD AND PARKING AREA Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT DATED 29.4.2023 Exhibit P7 TRUE COPY OF THE DATA BANK EXTRACT INCLUDING THE SUBJECT PROPERTY AS 'NILAM' Exhibit P8 TRUE COPY OF THE APPLICATION PUT IN BY THE PETITIONER DATED 30.01.2023 IN FORM

Exhibit P9 TRUE COPY OF THE REPORT OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 10.04.2023