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. 22174 OF 2022
PETITIONER
NABEESA
AGED 69 YEARS
W/O ABU, ALIYATHODI HOUSE, KACHERIKUNNU, CHERPULASSERY,
CHERPULASSERY P.O., PALAKKAD, KERALA - 679 503
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 THE 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.22174 OF 2022
2
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner, who is owner of 12.66 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 12.66 Ares of land comprised in Re-Survey No.217/7 in Block No.42 of Cherpulassery Village of Ottappalam Taluk in Palakkad District 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 Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.22174 OF 2022 3 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.22174 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 WP(C) NO.22174 OF 2022 5 petitioner would urge that her land is not a commercially important land. 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.22174 OF 2022 6 APPENDIX OF WP(C) 22174/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED PETITIONER DATED 29.07.2020 Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED 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 NO.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