Statutory applications under the Kerala Conservation of Paddy Land and Wetland Act must be considered by the competent authority within a reasonable time frame.

JUDGMENT :

N.NAGARESH, J.

The 1^st petitioner, who is owner of 30.34 Square Metre of land and the 2^nd petitioner, who is owner of 30.35 Square Metre of land in Kadavallur Village of Kunnamkulam Taluk in Thrissur District, have filed this writ petition seeking to direct the 3^rd respondent to consider and pass orders on Exts.P4 and P5 applications within a time frame to be fixed by this Court.

2. The petitioners state that the 1^st petitioner is owner of 30.34 Square Metre of land situated in Survey No.860/1-1 and the 2^nd petitioner is owner of 30.35 Square Metre of land situated in Survey No.860/2 in Block No.3 of Kadavallur Village, Kunnamkulam 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 'Nilam' in Revenue records also.

3. The petitioners want to use the land for other purposes. Hence, the petitioners filed Exts.P4 and P5 applications in Form-5, invoking Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The applications were filed on 26.11.2024. The applications are not disposed of so far. Unless the applications are considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.

4. Government Pleader representing the respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioners in the writ petition. The Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the applications submitted by the petitioners 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.

5. I have heard the learned Counsel for the petitioners and the learned Government Pleader representing the respondents.

6. The 1^st petitioner is owner of 30.34 Square Metre of land situated in Survey No.860/1-1 and the 2^nd petitioner is owner of 30.35 Square Metre of land situated in Survey No.860/2 in Block No.3 of Kadavallur Village, Kunnamkulam 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 petitioners, the land owned by them is neither paddy land nor wetland. The land is not suitable for paddy cultivation. The petitioners want to use the land for other purposes and hence they have filed applications in Form-5 seeking to remove the land from Data Bank.

7. Form-5 applications have been filed by the petitioners invoking their statutory right under Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The applications being a statutory application, the competent authority has a legal duty to consider the applications in accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 3^rd respondent to consider Exts.P4 and P5 Form-5 applications submitted by the petitioners if the same are 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.