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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE N.NAGARESH, J
Vaheeda D/o Bhava – Appellant
Versus
District Collector Malappuram Collectorate Road, Uphill Malappuram, Kerala, Pin – Respondent
JUDGMENT :
N.NAGARESH, J.
The petitioner, who is owner of 70.98 Ares of land in Ezhuvathiruthy Village of Ponnani Taluk in Malappuram District, has filed this writ petition seeking to direct the 2nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P3 application within a time frame to be fixed by this Court.
2. The petitioner states that she is owner of 70.98 Ares of land situated in Survey Nos.99/4-43, 101/3-48, 96/2-10, 98/1-30, 99/1-42, 99/1-49, 99/3-10, 105/6-15 and 99/1-5 of Ezhuvathiruthy Village, Ponnani Taluk in Malappuram District, out of which 16.18 Ares of land is 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 paddy land in Revenue records also.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P3 application in Form-5, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 28.05.2024. 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
The competent authority must consider statutory applications regarding land classification within a reasonable time, as mandated by law.
Statutory applications under the Kerala Conservation of Paddy Land and Wetland Act must be considered by the competent authority within a reasonable time frame.
The court established that landowners possess the right to have their applications for reclassification of land considered promptly under the Kerala Conservation of Paddy Land and Wetland Act.
The decision reinforces the requirement for timely action by administrative authorities on statutory applications under conservation laws.
The legal obligation of authorities to consider applications made under statutory frameworks within a reasonable timeframe was established.
The competent authority has a legal duty to expeditiously consider statutory applications concerning land classification under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
The competent authority has a statutory obligation to consider applications regarding land classification under the Kerala Conservation of Paddy Land and Wetland Act within a reasonable time frame.
The court affirmed that statutory applications must be considered by the relevant authorities within a reasonable timeframe as mandated by law.
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