Kerala High Court
St.Sebastian Church vs Revenue Divisional Officer on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33776
W.P.(C)No.18053 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 18053 OF 2025
PETITIONER:
ST.SEBASTIAN CHURCH, ANNAKARA P.O. ANNAKARA, THRISSUR
REPRESENTED BY ITS SECRETARY, JACOB V.T , S/O.THOMAS,
PIN - 685 512
BY ADVS.
K.J.MANU RAJ
JOBY JOSEPH (THRISSUR)
K.VINAYA
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION,
THRISSUR THRISSUR DISTRICT, PIN - 680 582
2 THE TAHSILDAR(LR), TALUK OFFICE, CHAVAKKAD , THRISSUR
DISTRICT, PIN - 680 506
3 THE VILLAGE OFFICER, ANAKKARA VILLAGE, CHAVAKKAD TALUK
THRISSUR DISTRICT, PIN - 680 506
4 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR & AGRICULTURAL OFFICER,
KRISHI BHAVAN MULLASSERY , PERUVALLUR P.O, THRISSUR,
PIN - 680 508
DEVI SHRI R GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:33776
W.P.(C)No.18053 of 2025
2
JUDGMENT
Dated this the 13th day of May, 2025
The petitioner, who is owner of 4.66 Ares of land situated in
Survey No.151/1 part, 2.2 Ares in Survey No.161/4-3 and 19.23
Ares in Survey No.151/part in Block No.002 of Anakkara Village,
Chavakkad Taluk in Thrissur District, has filed this writ petition
seeking to direct the first respondent to consider and pass orders
on Ext.P.6 application within a time frame to be fixed by this
Court.
2. The petitioner states that he is owner of 4.66 Ares of
land situated in Survey No.151/1 part, 2.2 Ares in Survey
No.161/4-3 and 19.23 Ares in Survey No.151/part in Block
No.002 of Anakkara Village, Chavakkad Taluk in Thrissur 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
the Data Bank and is described as paddy land in Revenue
records also.
2025:KER:33776
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P6 application in Form-
5, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The application was filed on
03.04.2025. 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
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the learned Government Pleader representing the respondents.
6. The petitioner is owner of 4.66 Ares of land situated in
Survey No.151/1 part, 2.2 Ares in Survey No.161/4-3 and 19.23
Ares in Survey No.151/part in Block No.002 of Anakkara Village,
Chavakkad Taluk in Thrissur 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.
2025:KER:33776
The writ petition is therefore disposed of directing the first
respondent to consider Ext.P6 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 four months.
Sd/-
N.NAGARESH
JUDGE
PR
2025:KER:33776
APPENDIX OF WP(C) 18053/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PHOTOGRAPH OF THE
PROPERTY
Exhibit P2 A TRUE COPY OF THE TITLE DEED BEARING NO
1931 OF 2010 DATED 21.8.2010
Exhibit P3 A TRUE COPY OF THE TITLE DEED BEARING NO
1297 OF 2009 DATED 10.6.2009
Exhibit P4 A TRUE COPY OF THE TITLE DEED BEARING NO
1296 OF 2009 DATED 10.6.2009
Exhibit P5 A TRUE COPY OF THE TAX RECEIPT DATED
4.4.2025
Exhibit P6 A TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 3.4.2025
Exhibit P7 A TRUE COPY OF THE RECEIPT DATED
4.4.2025
