Kerala High Court
Baby vs State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 13690 OF 2024
PETITIONERS:
1 BABY,
AGED 75 YEARS
S/OKUNJUVAREED,
PAREKKATTIL HOUSE, KIDANGOOR ,
KIDANGOOR P. O., THURAVOOR VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT, PIN - 683572
2 ROSILY,
AGED 64 YEARS
W/O. BABY,
PAREKKATTIL HOUSE, KIDANGOOR,
KIDANGOOR P. O., THURAVOOR VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT., PIN - 683572
BY ADV MEREENA.J.JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JUNCTION,
THIRUVANANTHAPURAM-, PIN - 695001
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD,
ERNAKULAM., PIN - 682030
W.P(C) No. 13690 of 2024
2
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI., PIN - 682001
5 LOCAL LEVEL MONITORING COMMITTEE FOR-
THURAVOOR VILLAGE,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER,
KRISHIBHAVAN,THURAVVOR P O.,
ERNAKULAM DISTRICT, PIN - 683572
BY ADV.
AJITH VISWANATHAN
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 13690 of 2024
3
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioners, who are owners of 4 Ares 71 Sq.m and
14 Ares 80 Sqm of land respectively in Thuravoor Village of
Aluva Taluk in Ernakulam District, have filed this writ petition
seeking to direct the 4th respondent-Revenue Divisional Officer
to consider and pass orders on Exts.P2 and P3 applications
within a time frame to be fixed by this Court.
2. The petitioners state that they are owners of 4 Ares
71 Sq.m and 14 Ares 80 Sqm of land respectively in
Thuravoor Village of 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 'Nilam' in Revenue records
also.
3. The petitioners want to use the land for other
purposes. Hence, the petitioners filed Exts.P2 and P3
applications in Form-5, invoking Rule 4(4D) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008. The
applications were filed on 04.08.2023. The applications are
not disposed of so far. Unless the applications are 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
applications submitted by the petitioners can be considered by
the competent authority in accordance with law, provided the
applications are received, are complete in all respects and are
supported by all necessary documents.
5. I have heard the learned counsel for the petitioners
and the learned Government Pleader representing the
respondents.
6. The petitioners are owners of 4 Ares 71 Sq.m and 14
Ares 80 Sqm of land respectively in Thuravoor Village of 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 applications 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(4D) 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 4 th
respondent-Revenue Divisional Officer to consider Exts.P2
and P3 Form-5 applications 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 three months.
Sd/-
N.NAGARESH
JUDGE
Jka/23.04.24.
APPENDIX OF WP(C) 13690/2024
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE RELEVANT EXTRACT OF
THE DATA BANK IN RESPECT OF THE
PROPERTY COMPRISING IN BLOCK 13, RE-
SURVEY NO. 248/22-2 AND RE-SURVEY NO.
247/1 OF THURAVOOR VILLAGE PUBLISHED IN
THE KERALA GAZETTE DATED 30/1/2021
Exhibit-P2 A TRUE COPY OF THE APPLICATION FILED BY
THE 1STPETITIONER IN RESPECT OF THE
PROPERTY COMPRISING IN BLOCK 13, RE-
SURVEY NO. 248/22-2 OF THURAVOOR
VILLAGE UNDERFORM 5 DATED 4/8/2023
Exhibit-P3 A TRUE COPY OF THE APPLICATION FILED BY
THE 2ND PETITIONER IN RESPECT OF THE
PROPERTY COMPRISING IN BLOCK 13, RE-
SURVEY NO. 247/1 OF THURAVOOR VILLAGE
UNDERFORM 5 DATED 4/8/2023
