IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21543 OF 2022
PETITIONER
ARUN KUMAR.K
AGED 44 YEARS
S/O. PADHMANABHAN NAMBIAR, MOHALAYAM HOUSE,
MAKKADA VILLAGE, KOZHIKODE 673 611.
BY ADV SALMANUL FASIL O.P.
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695
001.
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE, CIVIL STATION, ERANHIPALAM,
KOZHIKODE DISTRICT- 673 020.
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No. 21543 of 2022 :2:
JUDGMENT
Dated this the 1st day of July, 2022 The petitioner, who is owner of 0.4553 Ares (1.1/8 cents) of property in Pantheerankavu Village of Kozhikode Taluk in Kozhikode District, has filed this writ petition seeking to direct the 2nd respondent to consider Exts.P4 and P5 applications 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 0.4553 Ares (1.1/8 cents) of land comprised in Survey No.20/181 and Re-Survey No.20/03 of Pantheerankavu Village of Kozhikode Taluk in Kozhikode 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 Exts.P4 and P5 W.P(C) No. 21543 of 2022 :3: applications in Form-6 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The applications were filed on 21.01.2022. The applications have not been considered so far. Unless the applications are 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 applications submitted by the petitioner can be considered by the competent authority in accordance with law, provided the applications are received, are complete in all respects and are supported by all necessary documents. W.P(C) No. 21543 of 2022 :4:
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
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 Rule 12(1) of the Rules, 2008 by filing applications in Form-6. The applications being statutory applications, the Competent Authority is bound to consider the applications 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 Exts.P4 and P5 Form-6 applications, if they are received supported by all requisite documents and paying prescribed fee, if any, and to pass W.P(C) No. 21543 of 2022 :5: orders thereon in accordance with law, within a period of three months.
Sd/-
N. NAGARESH, JUDGE smm/04.07.2022 W.P(C) No. 21543 of 2022 :6: APPENDIX OF WP(C) 21543/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT OF LAND IN SURVEY NO. 20/181 DATED 17.01.2022 ISSUED TO PETITIONER FROM VILLAGE OFFICE, PANTHEERANKAVU.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF LAND IN SURVEY NO. 20/60 DATED 17.01.2022 ISSUED TO PETITIONER FROM VILLAGE OFFICE, PANTHEERANKAVU.
Exhibit P3 TRUE COPY OF KERALA GAZETTE EXTRAORDINARY NO. 203 DATED 22.01.2020.
Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION NO. 1/2022/905090 DATED 21.01.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P4(a) TRUE COPY OF THE POSSESSION CERTIFICATE SURVEY NO. 20/181 ISSUED BY THE PANTHEERANKAVU VILLAGE OFFICER DATED 17.01.2022 TO PETITIONER.
Exhibit P4(b) TRUE COPY OF THE TAX RECEIPT IN SURVEY NO. 20/181 FOR CONVERSION OF WETLAND BY THE VILLAGE OFFICER DATED 21.01.2022.
Exhibit P5 TRUE COPY OF THE FORM 6 APPLICATION NO. 2/2022/905090 DATED 21.01.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P5(a) TRUE COPY OF THE POSSESSION CERTIFICATE SURVEY NO. 20/60 ISSUED BY THE PANTHEERANKAVU VILLAGE OFFICER, DATED 17.01.2022 TO PETITIONER.
Exhibit P5(b) TRUE COPY OF THE TAX RECEIPT IN SURVEY NO. 20/60 FOR CONVERSION OF WETLAND BY THE VILLAGE OFFICER, DATED 21.01.2022. Exhibit P6 THE TRUE COPY OF THE REMINDER LETTER DATED BEFORE 2ND RESPONDENT BY THE PETITIONER DATED 26.05.2022.