Remanded

K.S.Sajeev v. State of Kerala

Kerala HC7 Dec 2022WP(C)/3563/2022

Case brief

AI extract

What is this about?

The petitioner applied to remove land from the Data Bank and change its nature in revenue records. The Court directed the Revenue Divisional Officer to consider the applications within a month and pass orders on the second application within two months.

What did the court decide?

Direction to the 3rd respondent to consider Form-5 application within one month and Form-7 application within two months thereafter.

K.S.Sajeev Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944
WP(C) NO. 3563 OF 2022

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PETITIONER:

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K.S.SAJEEV

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AGED 57 YEARS

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S/O. C.V.SUSEELAN (LATE), MANAGING DIRECTOR, ECO CARPETS
(P) LTD., KANJIKKUZHY, CHERTHALA, RESIDING AT KONCHERIL
HOUSE, CHERTHALA SOUTH VILLAGE, CHERTHALA THALUK,
ALAPPUZHA DISTRICT-688539.

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BY ADVS.
V.MAHENDRANATH
P.T.SHEEJISH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, BEACH WARD, ALAPPUZHA, KERALA-688001.

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, DISTRICT COURT ROAD, KIDANGAMPARAMP, THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA, KERALA-688013.

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SMT.VIDYA KURIAKOSE GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.3563 OF 2022

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JUDGMENT

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Dated this the 7^th day of December, 2022

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The petitioner, who is owner of certain extent of land in Block No.1 under Thandaper No.17054 of Vayalar East Village of Cherthala Taluk in Alappuzha District, has approached this Court seeking to direct the 3^rd respondent-Revenue Divisional Officer to consider and pass orders on Form-7 application, within a time frame.

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The petitioner states that he is owner of certain extent of land in Block No.1 of Vayalar East Village of Cherthala Taluk in Alappuzha District. The land is a garden land. However, it has been described as ‘Nilam’ in the Data Bank and Revenue records.

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The petitioner would state that the property of the petitioner is not a paddy land and is not suitable for paddy cultivation. The petitioner wants to use the land for other purposes. Hence, the petitioner filed application in Form-5,

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WP(C) NO.3563 OF 2022

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invoking the provisions of Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 for removing the land from the Data Bank. The petitioner also submitted Ext.P4 application in Form-7 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 to make necessary changes in the nature of land in Revenue records. Form-7 application was filed on 26.11.2022. The applications are not disposed of so far. Unless the applications are considered expeditiously, the petitioner will be put to untold hardship and loss, contends the petitioner.

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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

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the provisions of the Kerala Conservation of Paddy Land and

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WP(C) NO.3563 OF 2022

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4

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Wetland Act, 2008, the applications submitted by the petitioner 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.

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader representing the respondents.

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The petitioner is owner of certain extent of land in Block No.1 under Thandaper No.17054 of Vayalar East Village of Cherthala Taluk in Alappuzha District. According to the petitioner, the land is not a paddy land or wetland. In order to use the land for other purposes, the petitioner has submitted Form-5 application for removal of the land from the Data Bank and Ext.P4 Form-7 application for change of nature of the land in Revenue records.

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Form-5 application and Ext.P4 Form-7 application are made by the petitioner invoking the provisions contained in

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WP(C) NO.3563 OF 2022

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5

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the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder. As the petitioner has invoked statutory remedies, the competent authority, namely the 3^rd respondent-Revenue Divisional Officer, is bound to consider the applications within a reasonable time and take a decision thereon, in accordance with law.

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In the facts of the case, the writ petition is disposed of directing the 3^rd respondent-Revenue Divisional Officer to consider the Form-5 application as evidenced by Ext.P3 and take a decision thereon, within a period of one month. Depending upon the outcome of Form-5 application, the 3^rd respondent-Revenue Divisional Officer shall pass orders on Ext.P4 Form-7 application, within a further period of two

months.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.3563 OF 2022

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APPENDIX OF WP(C) 3563/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE LAND TAX RECEIPT DATED
23.12.2020 ISSUED BY THE VILLAGE
OFFICER, VAYALAR EAST VILLAGE.
Exhibit P2THE TRUE COPY OF THE APPLICATION DATED
27.11.2021 ON FORM 7 UNDER KERALA PADDY
FIELD WETLAND PROTECTION RULES AND
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
Exhibit P3TRUE COPY OF THE LETTER
NO.J2.10932/2021 DATED 02.02.2022
ISSUED BY THE 3RD RESPONDENT AND
ADDRESSED TO THE VILLAGE OFFICER AND
THE AGRICULTURE OFFICER CONCERNED.
Exhibit P4TRUE COPY OF THE AMENDED APPLICATION ON
FORM 7 IN LIEU OF EXHIBIT-P2
Exhibit P5TRUE COPY OF THE COMMUNIQUE NO. KBVLR-
13-2022-2023 DATED 14/10/2022 RECEIVED
FROM THE AGRICULTURE OFFICER, VAYALAR,
CHERTHALA

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RESPONDENT’S EXHIBITS : NIL

K.S.Sajeev v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.S.Sajeev v. State of Kerala

Case brief

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