Administrative bodies must fulfill statutory duties to consider applications within reasonable timeframes to safeguard legal rights.

J U D G M E N T

Dated this the 11th day of August, 2022 The petitioners, who are owners of 26.18 Ares of land in Kizhakkumbhagom Village of Aluva Taluk in Ernakulam District, have filed this writ petition seeking to direct the 2nd respondent to consider and pass orders on Ext.P5 application within a time frame to be fixed by this Court.

2. The petitioners state that they are owners of

26.18 Ares of land situated in Survey No.135/2-3, 135/2-4 and 187/16-2 of Kizhakkumbhagom Village, Aluva 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 paddy land in Revenue records also.

3. The petitioners want to use the land for other purposes. Hence, the 1st petitioner filed Ext.P5 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 18.04.2022 . 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 26.18 Ares of land situated in Survey No.135/2-3, 135/2-4 and 187/16-2 of Kizhakkumbhagom Village, Aluva 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 2nd respondent to consider Ext.P5 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.