Allowed

A.G.Poulose, v. the District Collector

Kerala HC28 Nov 2022WP(C)/5862/2022

Case brief

AI extract

What is this about?

The High Court held that the competent authority is bound to consider statutory applications for land removal from Data Bank and change of nature by the petitioner within a reasonable time frame, directing specific timelines for disposal.

What did the court decide?

Directed the 2nd respondent to consider Ext.P3 Form-5 application within two months and Ext.P4 Form-7 application within a further two months.

A.G.Poulose, Vs the District Collector — Kerala HC (2022) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

MONDAY, THE 28^TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944

¶5

WP(C) NO. 5862 OF 2022

¶6

PETITIONER:

¶7

A.G.POULOSE, AGED 71 YEARS S/O. GEORGE, ALACKAL HOUSE, THRIKKALATHUR P.O., RAYAMANGALAM, ERNAKULAM 683 541.

¶8

BY ADV RENI JAMES

¶9

RESPONDENTS:

¶10

1 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM 682 030.

¶11

2 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR, PATTIMATTOM, MUVATTUPUZHA ROAD, MUVATTUPUZHA 686 673.

¶12

3 THE TAHASILDAR, MUVATTUPUZHA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, PATTIMATTOM, MUVATTUPUZHA ROAD, MUVATTUPUZHA 686 673.

¶13

4 THE VILLAGE OFFICER, MULAVOOR VILLAGE OFFICE, NEAR PAIPRA GRAMA PANCHAYATH OFFICE, PEZHAKKAPPILLY, PEZHAKKAPPILLY P.O., MUVATTUPUZHA 686 673.

¶14

5 THE AGRICULTURAL OFFICER, PAIPRA KRISHI BHAVAN, PANCHAYATH ROAD, PEZHAKKAPPILLY, MUVATTUPUZHA 686 673.

¶15

SMT.DEEPA NARAYANAN SR.GP.

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

¶18

WP(C) No. 5862 of 2022

¶19

J U D G M E N T

¶20

Dated this the 28^th day of November, 2022

¶21

The petitioner, who is holding 1 Hectare 15 Ares 64 Square Metres of land in Mulavur Village in Muvattupuzha Taluk in Ernakulam District, has approached this Court seeking to direct the 2^nd respondent to consider and pass orders on Exts.P3 and P4 applications, within a time frame.

¶22

The petitioner states that he is owner of 1 Hectare 15 Ares 64 Square Metres of land in Mulavur Village in Muvattupuzha Taluk in Ernakulam District, out of which 45.73 Ares of land comprised in Survey Nos.768/11-1 and 768/9A is included in the Data Bank as paddy land though it is lying as a converted land. The property is also described as ‘paddy land’ in Revenue records.

¶23

The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P3 application in Form-5 invoking

¶24

the provisions of Rule 4(d) of the Kerala Conservation of Paddy

¶25

¶26

WP(C) No. 5862 of 2022

¶27

Land and Wetland Rules, 2008 for removing the land from the Data Bank. The application was filed on 30.10.2021. The petitioner also submitted Ext.P4 application under Form-7 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 the BTR. These applications are not disposed of so far. The delay in considering Exts.P3 and P4 will cause undue hardship to the petitioner. The counsel for the petitioner submitted that he is not pressing Ext.P6 application and the petitioner will be satisfied if Exts.P3 and P4 applications submitted by the petitioner are considered.

¶28

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 pointed out that Ext.P4 Form-7 application submitted by the petitioner seeks to change the nature of land in respect of 45.73 Ares, whereas in Ext.P6 rectified Form-

¶29

7 application, the petitioner is seeking to change the nature of

¶30

¶31

WP(C) No. 5862 of 2022

¶32

45.73 Ares. The Government Pleader also submitted that the petitioner may have to produce the sketch in respect of the property of which nature is sought to be changed. The Government Pleader, however, submitted that since the petitioner has invoked statutory remedies under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 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.

¶33

Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

¶34

The petitioner is owner of 45.73 Ares of land in Mulavur Village of Muvattupuzha Taluk in Ernakulam District. The property is included in the Data Bank as paddy land though it is lying as a converted land. In order to use the land in a more profitable way, the petitioner has submitted Ext.P3 Form-5 application for removal of the land from Data Bank and Ext.P4 Form-7

¶35

¶36

WP(C) No. 5862 of 2022

¶37

application for change of nature of the land in Revenue records. The counsel for the petitioner submitted that a sketch has been attached to Ext.P4 Form-7 application.

¶38

Exts.P3 and P4 applications are made by the petitioner invoking the provisions contained in 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 2^nd respondent, is bound to consider the applications within a reasonable time and take a decision thereon, in accordance with law.

¶39

In the facts of the case, the writ petition is disposed of directing the 2^nd respondent to consider Ext.P3 Form-5 application and take a decision thereon, within a period of two months and depending upon the outcome of Ext.P3, to consider Ext.P4 Form-7 application within a further period of two months.

Sd/-

N. NAGARESH

JUDGE

ams

WP(C) No. 5862 of 2022

¶46

APPENDIX OF WP(C) 5862/2022

¶47

PETITIONER'S EXHIBITS

¶48

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 18.09.2020. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK. Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 30.10.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 7 DATED 15.12.2021 ALONG WITH THE SURVEY SKETCH. Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 03.12.2021. Exhibit P6 TRUE COPY OF RECTIFIED FORM 7 WITH COVERING LETTER DATED 20.01.2022.

A.G.Poulose, v. the District Collector

Case brief

What is this about?

What did the court decide?

A.G.Poulose, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rijo.P.George Vs M/S Daimler Financial Services India Pvt. Ltd.

M/S.Thottippal Kuries Pvt. Ltd. (in Liqn.) Vs Saritha Ramesh

M/S.Thottippal Kuries Pvt. Ltd. (in Liqn.) Vs Sony.K.P

K.P.Devadas Vs State of Kerala

Paul Palokkaran, Vs the District Collector

Sheriff A.H. Vs the District Collector