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. 22084 OF 2022
PETITIONER
T.BEENA
AGED 58 YEARS
W/O.LATE P.VEERIAH, G-378, 27, PANAMPALLY
NAGAR, P.O.PANAMPALLY NAGAR, KOCHI - 682 036.
BY ADV K.V.SREE VINAYAKAN
RESPONDENTS
1 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, PIN - 682 001.
2 THE TAHSILDAR
KANAYANNUR, PARK AVENUE, ERNAKULAM, ERNAKULAM
DISTRICT, PIN - 682 011.
3 THE VILLAGE OFFICER
CHERANELLOOR VILLAGE P.O.CHERANELLOOR, PIN -
682 034.
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, VYTTILA, KOCHI - 682 019.
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:
W.P(C) No.22084 of 2022 :2:
JUDGMENT
Dated this the 7th day of July, 2022 The petitioner, who is owner of 26.45 Ares of land comprised in Survey No.1079/2-1 and 33.55 Ares of land comprised in Survey No.1080/5 in Cheranelloor Village of Kanayannur Taluk in Ernakulam District, has filed this writ petition seeking to direct the 1 st respondent to consider Ext.P3 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that she is the owner of 26.45 Ares of land comprised in Survey No.1079/2-1 and 33.55 Ares of land comprised in Survey No.1080/5 in Cheranelloor Village of Kanayannur 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.22084 of 2022 :3:
3. The petitioner wants to use the land for other purposes. Hence, the petitioner 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 01.01.2022. 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 W.P(C) No.22084 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 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 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.22084 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 four months.
Sd/-
N. NAGARESH, JUDGE smm/08.07.2022 W.P(C) No.22084 of 2022 :6: APPENDIX OF WP(C) 22084/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25/8/2020 IN RESPECT OF PROPERTY COVERED BY DOCUMENT NO.2458/2014 AND 2459/2014 OF ERNAKULAM SRO ISSUED TO THE PETITIONER BY 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF DEVELOPMENT PERMIT NO.MOP3/99/06 DATED 5/6/2006 ISSUED BY KOCHI CORPORATION IN FAVOUR OF PREDECESSOR IN TITLE OF THE PETITIONER.
Exhibit P2A TRUE COPY OF DEVELOPMENT PERMIT NO.MOP3/100/06 DATED 5/6/2006 ISSUED BY KOCHI CORPORATION IN FAVOUR OF PREDECESSOR IN TITLE OF THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01/01/2022 IN RESPECT OF THE PROPERTY COVERED BY DOCUMENT NO.2458/2014 AND DOCUMENT NO.2459/2014.
Exhibit P4 TRUE COPY OF THE REPORT OF KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE DATED 23/01/2021 IN RESPECT OF PROPERTY IN SY.NO.1079/2-1.
Exhibit P5 TRUE COPY OF THE REPORT OF KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE DATED 23/01/2021 IN RESPECT OF PROPERTY IN SY.NO.1080/5.