IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21957 OF 2022
PETITIONER
RESMY R.
AGED 47 YEARS
D/O. LATE RAJASEKHARAN NAIR, JAYA BHAVAN, VELLOORKUNNAM,
MARKET P.O., MUVATTUPUZHA 686 673
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, RDO OFFICE, GROUND FLOOR,
PATTIMATTOM - MUVATTUPUZHA RD, MUVATTUPUZHA - 686 673
2 THE TAHASILAR (LAND RECORDS),
TALUK OFFICE, MUVATTUPUZHA - 686 661
3 THE VILLAGE OFFICER,
THE VILLAGE OFFICE, VELLOORKUNNAM- 686 673
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.21957 OF 2022
2
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner, who is owner of 3.34 Ares of property in Velloorkunnam Village of Muvattupuzha Taluk in Ernakulam District, has filed this writ petition seeking to direct the 1st respondent to consider Ext.P2 Form-9 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that she is owner in possession of 3.34 Ares of land comprised in Survey No.527/27-2-11 of Velloorkunnam Village of Muvattupuzha Taluk in Ernakulam District. The petitioner's land is classified as paddy land in Revenue records.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P2 application in Form-9 before the Revenue Divisional Officer, invoking the provisions of Rule 12(13) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application has not been WP(C) NO.21957 OF 2022 3 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.
6. The property of the petitioner is described as paddy land in Revenue records. Rule 12(13) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, WP(C) NO.21957 OF 2022 4 provides for making application for changing the nature of land in Revenue records. The petitioner has invoked the provisions of Rule 12(13) of the Rules, 2008 by filing Form-9 application. 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.P2 Form-9 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 three months.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.21957 OF 2022 5 APPENDIX OF WP(C) 21957/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 22.6.2020 ISSUED FROM THE VILLAGE OFFICE, VELLOORKUNNAM.
Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT