Kerala High Court
Roselin 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. 13515 OF 2024
PETITIONER/S:
1 ROSELIN,
AGED 54 YEARS W/O.SAJEEV JOHN, MOONJELY HOUSE,
ANGAMALLY. P. O., ANGAMALLY VILLAGE, ALUVATALUK,
ERNAKULAM DISTRICT, PIN - 683572
2 BABU,
AGED 60 YEARS S/O.ANTONY, KANNAMBUZHA HOUSE,
VATTAPPARAMBU P. O., PARAKKADAVU VILLAGE,
ALUVATALUK ,ERNAKULAM DISTRICT, PIN - 683579
BY ADV MEREENA.J.JOSEPH
RESPONDENT/S:
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
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
ERNAKULAM, PIN - 682001
5 LOCAL LEVEL MONITORING COMMITTEE FOR ANGAMALY VILLAGE,
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KRISHIBHAVANANGAMALY,ANGAMALYP O., ERNAKULAM DISTRICT,
PIN - 683572
6 LOCAL LEVEL MONITORING COMMITTEE FOR PARAKKADAVU
VILLAGE, REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER,KRISHIBHAVANPARAKKADAVU,KURUMASSERRY P O.,
ERNAKULAM DISTRICT, PIN - 683579
OTHER PRESENT:
SMT. DEEPA V GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 13515/2024
-2-
JUDGMENT
(Dated this the 23rd day of April 2024)
The 1st petitioner is the owner of 4.05 Ares of land in Block 11
of Angamali Village of Aluva Taluk in Ernakulam District and the 2nd
petitioner is the owner of 22.70 Ares of land in Block 5 of
Parakkadavu Village of Aluva Taluk in Ernakulam District. They
have filed this writ petition seeking to direct the 4th respondent-
Revenue Divisional Officer to consider and pass orders on Exts.P3
and P4 applications within a time frame to be fixed by this Court.
2. The petitioners 1 and 2 state that they are owners of 4.05
Ares of land situated in Survey No.592/10-2 of Block 11 of
Angamali Village of Aluva Taluk in Ernakulam District and 22.70
Ares of land situated in Survey No.315/5 of Block 5 of Parakkadavu
Village of Aluva Taluk in Ernakulam District respectively. The lands
are garden lands. It is not cultivated with paddy. It is not fit for
paddy cultivation either. However, the lands are included in Data
Bank and is described as 'Nilam' in Revenue records also.
WP(C) 13515/2024
3. The petitioners want to use the lands for other purposes.
Hence, the petitioners filed Exts.P3 and P4 applications in Form-5,
invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008. Ext.P3 was filed on 26.01.2024 and Ext.P4
on 29.02.2024. 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.
WP(C) 13515/2024
5. I have heard the learned counsel for the petitioners and
the learned Government Pleader representing the respondents.
6. The petitioners 1 and 2 are owners of 4.05 Ares of land
situated in Survey No.592/10-2 of Block 11 of Angamali Village of
Aluva Taluk in Ernakulam District and 22.70 Ares of land situated in
Survey No.315/5 of Block 5 of Parakkadavu Village of Aluva Taluk
in Ernakulam District respectively. The lands are 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 lands owned by them is
neither paddy land nor wetland. The lands are not suitable for
paddy cultivation. The petitioners want to use the lands for other
purposes and hence they have filed an applications in Form-5
seeking to remove the lands from Data Bank.
7. The Form-5 applications have been filed by the
petitioners invoking the 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
WP(C) 13515/2024
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
4th respondent-Revenue Divisional Officer to consider Exts.P3 and
P4 Form-5 applications submitted by the petitioners if the same are
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
JS
WP(C) 13515/2024
APPENDIX OF WP(C) 13515/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK
IN RESPECT OF THE PROPERTY COMPRISING INBLOCK 11,
RE-SURVEY NO. 592/10-2 OF ANGAMALYVILLAGEISSUED BY
THE AGRICULTURAL OFFICER, KRISHIBHAVANANGAMALYDATED
9/5/2018
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK
IN RESPECT OF THE PROPERTY COMPRISING INBLOCK 5,
RE-SURVEY NO. 315/5 OF PARAKADUVA VILLAGE ISSUED
BY THE AGRICULTURAL OFFICER,
KRISHIBHAVANKURUMASSERRY DATED NIL
Exhibit-P3 A TRUE COPY OF THE APPLICATION FILED BY
THE1STPETITIONER IN RESPECT OF THE PROPERTY
COMPRISING IN BLOCK 11, RE-SURVEY NO. 592/10-2 OF
ANGAMALYVILLAGE UNDERFORM 5 DATED 26/1/2024
Exhibit-P4 A TRUE COPY OF THE APPLICATION FILED BY THE 2ND
PETITIONER IN RESPECT OF THE PROPERTY COMPRISING
INBLOCK 5, RE-SURVEY NO. 315/5 OF PARAKADUVA
VILLAGEUNDERFORM 5 DATED 29/2/2024
