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. 21513 OF 2022
PETITIONERS
1 VALSA THAMBI
AGED 66 YEARS
W/O. THAMBI, KULANGARA HOUSE, PARAVOOTHARA,
NORTH PARAVUR P.O., ERNAKULAM DISTRICT, PIN.
-683513.
2 DHINIL.K.THAMBI,
AGED 37 YEARS
S/O. THAMBI, KULANGARA HOUSE, PARAVOOTHARA,
NORTH PARAVUR P.O., ERNAKULAM DISTRICT, PIN.
-683513.
3 NIKHIL.K.THAMBI,
AGED 35 YEARS
S/O. THAMBI, KULANGARA HOUSE, PARAVOOTHARA,
NORTH PARAVUR P.O., ERNAKULAM DISTRICT, PIN.
-683513.
BY ADV P.M.BENZIR
RESPONDENTS
1 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, ERNAKULAM, PIN - 682 001.
2 THE VILLAGE OFFICER,
VADAKKEKARA VILLAGE, VADAKKEKARA P.O., NORTH
PARAVUR, ERNAKULAM, PIN - 683 522.
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHITTATUKARA, CO-OPERATIVE BANK
COMPOUND, MUNAMBAM KAVALA, VADAKKEKARA P.O.,
NORTH PARAVUR, ERNAKULAM, PIN - 683 522.
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.21513 of 2022 :2:
JUDGMENT
Dated this the 1st day of July, 2022 The petitioners, who are owners of 38.50 Ares of land in Vadakkekara Village of Paravur Taluk in Ernakulam District, have filed this writ petition seeking to direct the 1 st respondent to consider and pass orders on Ext.P.3 application within a time frame to be fixed by this Court.
2. The petitioners state that they are owners in possession of 38.50 Ares of land comprised in Survey No.228/4-1-3 of Vadakkekara Village of Paravur 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.
W.P(C) No.21513 of 2022 :3:
3. The petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P3 application in Form-7 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 20.07.2021. The application has not been considered 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 Rules, 2008, the application submitted by the petitioners can be considered by the competent authority in accordance with law, provided the W.P(C) No.21513 of 2022 :4: application is received, is complete in all respects and is supported by all necessary documents.
5. Heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
6. The property of the petitioners 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 petitioners have invoked Rule 12(1) of the Rules, 2008 by filing application in Form-7. 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 1st respondent-Revenue Divisional Officer to consider and pass orders on Ext.P3 Form-7 application, if the W.P(C) No.21513 of 2022 :5: 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 three months.
Sd/-
N. NAGARESH, JUDGE smm/05.07.2022 W.P(C) No.21513 of 2022 :6: APPENDIX OF WP(C) 21513/2022 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF LAND TAX RECEIPT NO.KL07031003080/2022 DATED 19.05.2022 ISSUED BY THE VILLAGE OFFICER, VADAKKEKARA.
Exhibit P2 PHOTOCOPY OF DATA BANK OF PADDY LAND & WET LAND OF VADAKKEKARA VILLAGE.
Exhibit P3 PHOTOCOPY OF THE APPLICATION IN FORM VII DATED 20.07.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT