Kerala High Court
Ahammed Koya vs District Collector 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. 13638 OF 2024
PETITIONER/S:
AHAMMED KOYA,
AGED 61 YEARS, S/O ABOOBACKERKOYA, EBADA, THIRUVANNUR,
KOZHIKODE DISTRICT., PIN - 673029
BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW
AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN
SONYMON ANTONY AJMAL V. KARIM
RESPONDENT/S:
1 DISTRICT COLLECTOR,
CIVIL STATION, ERNHIPALAM, KOZHIKKODE DISTRICT.,
PIN - 673020
2 REVENUE DIVISIONAL OFFICER,
CIVIL STATION, ERNHIPALAM, KOZHIKKODE DISTRICT.,
PIN - 673020
3 TAHSILDHAR, KOZHIKKODE TALUK, KOZHIKKODE DISTRICT.,
PIN - 673019
4 VILLAGE OFFICER,
BEYPORE VILLAGE, KOZHIKKODE DISTRICT., PIN - 673015
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
BEYPORE KRISHIBHAVAN, KOZHIKKODE DISTRICT.,
PIN - 673015
6 AGRICULTURAL OFFICER,
BEYPORE KRISHIBHAVAN, KOZHIKKODE DISTRICT.,
PIN - 673015
OTHER PRESENT:
SRI. AJITH VISWANATHAN- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 13638/2024
-2-
JUDGMENT
(Dated this the 23rd day of April, 2024)
The petitioner, who is the owner of 3 Ares 65 Square
Metres of land in Beypore Village of Kozhikkode Taluk in
Kozhikkode District, has filed this writ petition seeking to direct
the 2nd respondent-Revenue Divisional Officer to consider and
pass orders on Ext.P2 application within a time frame to be
fixed by this Court.
2. The petitioner states that he is owner of 3 Ares 65
Square Metres of land situated in Survey Nos. 239/16 and
239/279 of Beypore Village of Kozhikkode Taluk in Kozhikkode
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 petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P2 application in Form-
5, invoking Rule 4(4D) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008. The application was filed on
24.07.2023. 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 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 3 Ares 65 Square Metres
of land situated in Survey Nos. 239/16 and 239/279 of Beypore
Village of Kozhikkode Taluk in Kozhikkode 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(4D) 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.
The writ petition is therefore disposed of directing the 2nd
respondent-Revenue Divisional Officer to consider Ext.P2
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 three months.
Sd/-
N.NAGARESH
JUDGE
JS
APPENDIX OF WP(C) 13638/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.04.2022
ISSUED BY THE FOURTH RESPONDENT.
Exhibit-P2 TRUE COPY OF THE FORM 5 APPLICATION DATED
24.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE
SECOND RESPONDENT.
