JUDGMENT

Dated this the 20 th day of January, 2023 The petitioners, who are owners of 9.83 Ares of land in

Block No.8 of Kakkanad Village of Kanayannur Taluk in Ernakulam District, have filed this writ petition seeking to direct the 1 st 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 petitioners state that they are owners of

9.83 Ares of land situated in Survey Nos.673/2-28, 673/2-4, 673/2-7 and 673/2-8 of Block No.8 of Kakkanad Village, Kanayannur 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 Data Bank and is described as paddy land in Revenue records also.

3. The petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P3 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 30.12.2022. The application is not disposed of so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.

4. The 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 application submitted by the petitioners 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.

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

6. The petitioners are owners of 9.83 Ares of land situated in Survey Nos.673/2-28, 673/2-4, 673/2-7 and 673/2- 8 of Block No.8 of Kakkanad Village, Kanayannur Taluk in Ernakulam 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 an application in Form-5 seeking to remove the land from Data Bank.

7. The Form-5 application has been filed by the petitioners invoking their statutory right under Rule 4(d) 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.

The writ petition is therefore disposed of directing the 1 st respondent-Revenue Divisional Officer to consider Ext.P3 Form-5 application submitted by the petitioners 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 four months.

Sd/- N.NAGARESH JUDGE spk APPENDIX OF WP(C) 2029/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 05-04-2022 PAID BY THE PETITIONER VIDE THANDAPER NUMBER 3652 OF THRIKKAKARA NORTH VILLAGE.

Exhibit-P2 A TRUE COPY OF THE DATA BANK OF THRIKKAKARA NORTH VILLAGE WHICH WAS FINALIZED AND PUBLISHED ON 05-02-2021 VIDE GO NO.553 IN THE GAZETTE BY THE 3RD RESPONDENT.

Exhibit-P3

A TRUE COPY OF THE APPLICATION DATED 30-12-2022 ALONG WITH THE RECEIPT ACKNOWLEDGING THE SAME.