IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 26^TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945 WP(C) NO. 16378 OF 2023 PETITIONER:

SUNEER AGED 38 YEARS, S/O. CHEKKUTTY C T, PULIYANTHODE POTTAMMAL, KARANTHOOR, KUNNAMANGALAM, KOZHIKODE – 673571.

BY ADVS.

MUHASIN K.M.

SHAKTHI PRAKASH RESPONDENTS:

1 THE DISTRICT COLLECTOR CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE – 673020.

2 THE REVENUE DIVISIONAL OFFICER KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE – 673020.

3 THE TAHSILDAR KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE – 673020.

4 THE AGRICULTURAL OFFICER KUNNAMANGALAM KRISHI BHAVAN, OLD BUS STAND, KUNNAMANGALAM, KOZHIKODE – 673572.

5 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM – 695033.

BY ADV.AMMINIKITTY-SR.G.P VISHNU S CHEMPAZHANTHIYIL-SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Dated this the 26^th day of May, 2023 The petitioner, who is owner of 8 Ares 42.9 Square Metres of land in Kunnamangalam Village of Kozhikode Taluk in Kozhikode District, has filed this writ petition seeking to direct the 2^nd 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 he is owner of 8 Ares 42.9 Square Metres of land, out of which 5 Ares 15.2 Square Metres of land situated in Survey No.123/36 of Kunnamangalam Village, Kozhikode Taluk in Kozhikode District 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 petitioner wants to use the land for other purposes.

Hence, the petitioner 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 02.02.2022. 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.

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

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

6. The petitioner is owner of 8 Ares 42.9 Square Metres of land, out of which 5 Ares 15.2 Square Metres of land situated in Survey No.123/36 of Kunnamangalam Village, Kozhikode Taluk in Kozhikode District 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.

7. The Form-5 application has been filed by the petitioner invoking his 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