Dismissed

Peter E.I, v. the Village Officer

Kerala HC1 Aug 2023WP(C)/5559/2023

Case brief

AI extract

What is this about?

A writ petition was filed by an owner of garden land included in the Kerala Paddy Land and Wetland Data Bank to direct the Revenue Divisional Officer to consider his application under Rule 4(4D) to remove the land from the Data Bank. The court held the authority had a legal duty to consider the complete application with documents and fees within a reasonable period. The writ petition was disposed

What did the court decide?

The 4th respondent, Revenue Divisional Officer, is directed to consider the petitioner's Ext.P4 application (Form-5) if received and complete, supported by requisite documents and prescribed fees, and

Peter E.I, Vs the Village Officer — Writ and Judicial Review | Kerala HC (2023)

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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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TUESDAY, THE 1^ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 5559 OF 2023

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PETITIONER:

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PETER E.I, AGED 64 YEARS, S/O. IGNATIOUS, IDAKKATTU HOUSE, KUMBALANGHI NORTH, KOCHI, PIN - 682007

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BY ADVS. S.SUJIN B.BILWIN

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RESPONDENTS:

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1 THE VILLAGE OFFICER, KUMBALANGHI VILLAGE OFFICE, KOCHI, PIN - 682007

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2 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY THE CONVENER (AGRICULTURE OFFICER), MONITORING COMMITTEE, KUMBALANGHI, KOCHI, PIN - 682007

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3 CONVENER (AGRICULTURE OFFICER), MONITORING COMMITTEE, KUMBALANGHI, KOCHI, PIN - 682007

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4 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM, PIN - 682001

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5 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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BY SMT.DEEPA N.,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.5559 of 2023

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: 2 :

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J U D G M E N T

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Dated this the 1^st day of August, 2023

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The petitioner, who is owner of 10.92 Ares of land in Block No.1 of Kumbalanghi Village of Kochi Taluk in Ernakulam District, has filed this writ petition seeking to direct the 4^th respondent to consider and pass orders on Ext.P4 application within a time frame to be fixed by this Court.

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The petitioner states that he is owner of 10.92 Ares of land situated in Survey No.949/3 of Block No.1 of Kumbalanghi Village of Kochi 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 the Data Bank and is described as 'Nilam' in Revenue records also.

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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

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W.P.(C) No.5559 of 2023

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: 3 :

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Paddy Land and Wetland Rules, 2008. The application was filed on 28.09.2019. 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.

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The Senior Government Pleader representing the respondents resisted the writ petition. The Senior Government Pleader controverted all material allegations made by the petitioner, in the writ petition. The Senior 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.

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I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

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W.P.(C) No.5559 of 2023

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: 4 :

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The petitioner is owner of 10.92 Ares of land situated in Survey No.949/3 of Block No.1 of Kumbalanghi Village of Kochi Taluk in Ernakulam District. The land is a garden land. 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.

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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.

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The writ petition is therefore disposed of directing the 4^th respondent-Revenue Divisional Officer to consider Ext.P4

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W.P.(C) No.5559 of 2023

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: 5 :

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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.

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Sd/N. NAGARESH JUDGE

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sss

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W.P.(C) No.5559 of 2023

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: 6 :

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APPENDIX OF WP(C) 5559/2023

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED DATED 05/07/1954 EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 12.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN DATED 03/11/2021 IN W.P.(C) NO.23070 OF 2020 EXHIBIT P4 TRUE COPY OF THE REPORT DATED 28/01/2021 SUBMITTED BY AGRICULTURAL OFFICER, KUMBALANGHI.

Peter E.I, v. the Village Officer

Case brief

What is this about?

What did the court decide?

Peter E.I, v. the Village Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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