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2021 Supreme(Online)(KER) 8150

HIGH COURT OF KERALA
Sathish Ninan, J
NISSY SAJU – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C)/2725/2021



Advocates:
SHRI.N.KRISHNA RAJA MAULI, GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

The decision underscores the necessity for timely administrative action concerning land use applications under conservation laws.

Headnote:

Property - Conservation of Paddy Land - Kerala Conservation of Paddy Land and Wetland Act - Sections unspecified - The court directed consideration of the petitioner's application for land user change, emphasizing administrative efficiency in addressing property status under conservation laws.

Fact of the Case:

The petitioner sought to remove his converted land from the Data Bank under the Kerala Conservation of Paddy Land and Wetland Act, claiming erroneous inclusion and applied for a land user change.

Issues: Whether the second respondent should consider the petitioner's application for a change of user of the property.

Ratio Decidendi: The court mandated timely consideration of the applications related to land use, highlighting the importance of efficient administrative processes.

Final Decision: The court directed the second respondent to consider the application for change of user within three months.

J U D G M E N T

According to the petitioner, the property belonging to him having an extent of 4.05 Ares in Sy. No.34/2-2-2 of Valakam village, though is a converted land, was erroneously included in the Data Bank maintained under the Kerala Conservation of Paddy land and Wetland Act and also in the revenue records. Seeking removal of the property from the data bank and also for change of user, the petitioner filed applications in Form Nos.5 and 6 of the Kerala Conservation of the Paddy land and Wetland Rules. The writ petition has been filed seeking a direction for consideration of the said applications.

2. During the pendency of the writ petition, the application in Form No.5, seeking deletion of the property from the data bank, has been granted as is evidenced by Ext.P7 order dated 21.04.2021. In view thereof, what remains for consideration is W. P. (C) No.2725 of 2021 Ext.P4 application filed in Form No.6.

Accordingly, the writ petition is disposed of directing the second respondent to consider Ext.P4 application (Form No.6) on obtaining necessary reports and on verification of the relevant records, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 2725/2021 PETITIONER'S EXTS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE ABOVE PROPERTY DATED 26.08.2020.

EXHIBIT P2 TRUE COPY OF THE EXTRACT DATA BANK.

EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND THE SAME IS NUMBERED AS 322/2020 AND FORWARDED TO 5TH RESPONDENT FOR SUBMITTING REPORT DATED 14.12.2020 EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 6 DATED 06.11.2020 AND THE SAME IS NUMBERED AS 716/2020 ON 06.11.2020 BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STAUTORY FEE DATED 12.10.2020 EXT.P6 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER DATED 11.12.2020 EXT.P7 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT REMOVING PETITIONER'S PROPERTY FROM THE DATA BANK DATED 21.04.2021.

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