Kerala High Court
Reetha. J. Thomas 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. 16002 OF 2024
PETITIONER:
REETHA. J. THOMAS,
AGED 79 YEARS
W/O JACOB THOMAS, G J GARDENS, VAYALAR, PATTANAKKAD,
ALAPPUZHA, PIN - 688531.
BY ADVS.
GAYATHRI MURALEEDHARAN
ARATHY P.
ANJANA S. RAJ
RAMAKRISHNAN M.N.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695001.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI, ERNAKULAM,
PIN - 682001.
3 LOCAL-LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL DEVELOPMENT
OFFICE, MAIN ROAD, THRIPOONITHURA, ERNAKULAM,
KERALA, PIN - 682301.
4 AGRICULTURAL OFFICER,
AGRICULTURAL DEVELOPMENT OFFICE, MAIN ROAD,
THRIPPUNITHURA, ERNAKULAM, PIN - 682301.
5 VILLAGE OFFICER,
VILLAGE OFFICE, NADAMA THEKKUMBHAGAM GROUP VILLAGE
OFFICE, VAIKOM ROAD, THRIPOONITHURA,
ERNAKULAM, PIN - 682301.
SMT. THUSHARA JAMES- SR. GP
WP(C) NO. 16002 OF 2024 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16002 OF 2024 3
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner, who is owner of 9.86 Ares of land in Nadama
Village of Kanayannur Taluk in Ernakulam District, has filed this
writ petition seeking to direct the 2nd respondent-Revenue
Divisional Officer to consider and pass orders on Ext.P4
application within a time frame to be fixed by this Court.
2. The petitioner states that she is the owner of 9.86 Ares
of land situated in Survey Nos.23/5, 24/4, 25/3 and 28/3 of
Nadama 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 'Nilam' in Revenue records also.
3. The petitioner wants to use the land for other purposes.
Hence, the petitioner filed Ext.P4 application in Form-5, invoking
Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland
Rules, 2008. The application was filed on 27.6.2023. 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 9.86 Ares of land situated in
Survey Nos. 23/5, 24/4, 25/3 and 28/3 of Nadama 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(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.P4 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
Sru
APPENDIX OF WP(C) 16002/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE AADHAAR CARD OF THE
PETITIONER DATED 25.12.2012.
Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
HEREIN DATED 20.06.2023.
Exhibit P3 THE TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER HEREIN DATED 20.06.2023.
Exhibit P4 THE TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 27.06.2023.
Exhibit P5 THE TRUE COPY IF THE CERTIFICATE ISSUED FROM
THE RAJAGIRIR HOSPITAL DATED 26.10.2023.
