IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 22149 OF 2022
PETITIONER
JUMAILATH
AGED 48 YEARS
W/O.ABDUL AZEES, KUNNATH HOUSE, KACHERIKUNNU,
CHERPULASSERY, CHERPULASSERY P.O., PALAKKAD,
KERALA - 679 503.
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
ARUN ROY
SHAHIR SHOWKATH ALI
HELEN P.A.
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, QMH3+R52, PARAKKUNNAM,
VIDYUT NAGAR, PALAKKAD, KERALA - 678 001.
2 LOCAL LEVEL MONITORING COMMITTEE
CHERPULASSERY MUNICIPALITY, PALAKKAD - 679 503,
REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHERPULASSERY, PALAKKAD - 679 503.
3 AGRICULTURAL OFFICER
KRISHI BHAVAN, CHERPULASSERY, PALAKKAD - 679 503.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.22149 OF 2022
2
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner, who is owner of 32.40 Ares of property in Block No.42 of Cherpulassery Village of Ottappalam Taluk in Palakkad District, has filed this writ petition seeking to direct the 1st respondent to consider Ext.P4 Form-6 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 32.40 Ares of land comprised in Re-Survey No.217/5 in Block No.42 of Cherpulassery Village of Ottappalam Taluk in Palakkad District, out of which 19.50 Ares of 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.P4 application in WP(C) NO.22149 OF 2022 3 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 application was filed on 15.01.2021. 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. WP(C) NO.22149 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 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 1st respondent-Revenue Divisional Officer to consider and pass orders on Ext.P4 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 three months. The petitioner would urge that her land is not a commercially WP(C) NO.22149 OF 2022 5 important land and it does not have vehicular access. It is made clear that this is a matter to be looked into by the Revenue Divisional Officer while passing orders on Ext.P4 application.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.22149 OF 2022 6 APPENDIX OF WP(C) 22149/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER DATED 28/07/2020.
Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 17/04/2021.
Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF FORM 6 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15/01/2021.
Exhibit P5 THE TRUE COPY OF THE CHALAN REFLECTING THE PAYMENT OF FEE BY THE PETITIONER DATED 15/01/2021.
Exhibit P6 THE TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 3RD RESPONDENT DATED 13/04/2021.
Exhibit P7 THE TRUE COPY OF THE FAIR VALUE OF LAND SEARCHED RECORD DATED NIL.