S. Kamesh vs State Of Kerala
2023 Latest Caselaw 5927 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. 13816 OF 2023
PETITIONER:

         S. KAMESH
         AGED 70 YEARS
         S/O SAHASRAM,VILLA NO 27,
         NEERAJA HALCYON VILLAS,
         BANJARA LAYOUT MAIN ROAD,
         NEAR DS. MAX SOLITAIRE APARTMENT,
         HORAMAVU AGRA BENGALURU,
         KARNATAKA, PIN - 560043

         BY ADV AVANEESH KOYIKKARA


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY,
         REVENUE DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    DISTRICT COLLECTOR,
         ERNAKULAM COLLECTORATE,
         CIVIL STATION, KAKKANAD POST,
         ERNAKULAM DISTRICT, PIN - 682030
    3    REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         FORT KOCHI, KB JACOB RD,
         FORT KOCHI, ERNAKULAM, PIN - 682001
    4    TAHSILDAR
         TALUK OFFICE, KANAYANNUR,
         PARK AVE NEAR SUBHASH PARK,
         MARINE DRIVE, KOCHI, KERALA, PIN - 682011
 WP(C) No.13816 of 2023

                            2


     5      VILLAGE OFFICER
            VILLAGE OFFICE, ELAMKULAM,
            GANDHINAGAR RD, KADAVANTHARA,
            ERNAKULAM, PIN - 682020
     6      LOCAL LEVEL MONITORING COMMITTEE
            (REPRESENTED BY ITS CONVENER AGRICULTURAL
            OFFICER) KRISHIBHAVAN, VYTILLA,
            ERNAKULAM DIST, PIN - 682019
     7      AGRICULTURAL OFFICER
            KRISHIBHAVAN, VYTILLA,
            ERNAKULAM DIST, PIN - 682019


            BY ADV. SMIT.AMMINIKUTTY-SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13816 of 2023

                               3


                            JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 1.33 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 3rd 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 he is owner of 1.33 Ares

of land situated in Survey No.790/55-2 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 paddy land 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.13816 of 2023

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

Paddy Land and Wetland Rules, 2008. The application was

filed on 30.05.2022. 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.13816 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 1.33 Ares of land situated

in Survey No.790/55-2 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 him 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 he 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 his statutory right under Rule 4(d) of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008. WP(C) No.13816 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 with a direction

to the 7th respondent-Agricultural Officer to forward a report to

the 3rd respondent-Revenue Divisional Officer within a period

of one month, if it is not already forwarded. The Revenue

Divisional Officer shall pass orders on Ext.P3 Form-5

application on the basis of the report of the Agricultural

Officer, within a further period of four months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.13816 of 2023

APPENDIX OF WP(C) 13816/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE TAX RECEIPT NO.KL07022305947/2022 ISSUED BY THE ELAMKULAM VILLAGE OFFICE DATED 04.04.2022 Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK PUBLISHED IN GAZETTE DATED 25.02.2021 Exhibit P3 A COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RDRESPONDENT DATED 30.05.2022 Exhibit P4 A COPY OF THE FEE PAYMENT CHALLAN NO.KLO30414734202223M DATED 14.03.2023