IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 26932 OF 2022
PETITIONER:
ABDUL KHADAR
AGED 62 YEARS
S/O.MUHAMMAD, MUNDETH HOUSE, MEKKALADY DESSOM,
KALADY VILLAGE, ALUVA, ERNAKULAM, PIN - 683574
BY ADVS.
JOBY CYRIAC
KURIAN K JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB RD,
FORT KOCHI, KOCHI, KERALA, PIN - 682001
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.26932 OF 2022
2
JUDGMENT
Dated this the 25th day of August, 2022 The petitioner, who is owner of 6.68 Ares of property in Chengamanad Village of Aluva Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2nd respondent to consider Ext.P1 Form-6 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that he is owner in possession of 6.68 Ares of land comprised in Survey Nos.302/3-6 and 302/3-7 of Chengamanad Village of Aluva Taluk in Ernakulam District. The land is garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is described as paddy land in Revenue records.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P1 application in Form-6 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy WP(C) NO.26932 OF 2022 3 Land and Wetland Rules, 2008. The application was filed on 20.07.2022. The application has not been considered 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 Rules, 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. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. WP(C) NO.26932 OF 2022 4
6. The property of the petitioner is said to be a dry land, but it has been described as paddy land, in Revenue records. Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 provides for making applications for changing the nature of land in Revenue records. The petitioner has invoked the provisions of Rule 12(1) of the Rules, 2008 by filing application in Form-6. It being a statutory application, the Competent Authority is bound to consider the application and pass orders thereon within a reasonable time.
The writ petition is therefore disposed of with a direction to the 2nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P1 Form-6 application, 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 hmh WP(C) NO.26932 OF 2022 5 APPENDIX OF WP(C) 26932/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ONLINE APPLICATION NO.11/2022/1177951 DATED 20-07-2022 PREFERRED BY THE PETITIONER, TO THE 2ND RESPONDENT.
Exhibit P1(a) TRUE COPY OF FEE RECEIPT NO.KL07040108827/2022 DATED 20-07-2022 OF EXT P1