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. 22042 OF 2022
PETITIONER
SHAKTHIKUMAR
AGED 51 YEARS
S/O. SADASIVAN PILLAI, SHAKTHI MANDIRAM,
KOTTAKKAKAM, CHAVARA, KOLLAM-PIN - 691583.
BY ADVS.
T.P.PRADEEP
MINIKUMARY M.V.
P.K.SATHEES KUMAR
R.K.PRASANTH
RESPONDENTS
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, KOLLAM - PIN -
691001.
2 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER/AGRICULTURAL
OFFICER, KRISHI BHAVAN, CHAVARA P.O, KOLLAM -
PIN - 691583.
3 THE VILLAGE OFFICER,
VILLAGE OFFICE, CHAVARA P.O, KOLLAM, PIN -
691583.
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.22042 of 2022 :2:
JUDGMENT
~~~~~~~~~ Dated this the 7th day of July, 2022 The petitioner, who is owner of 4.30 Ares of land comprised in Re-Survey No.40/11 and 4.85 Ares of land comprised in Re-Survey No.40/10 of Chavara Village, Karunagappally Taluk in Kollam District, has filed this writ petition seeking to direct the 1 st respondent to consider Exts.P3 and P3(a) applications and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner is owner of 4.30 Ares of land comprised in Re-Survey No.40/11 and 4.85 Ares of land comprised in Re-Survey No.40/10 of Chavara Village, Karunagappally Taluk in Kollam 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 W.P(C) No.22042 of 2022 :3: land in Revenue records.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Exts.P3 and P3(a) applications in 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 applications were filed on 13.05.2022. The applications have not been considered so far. Unless the applications are 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 applications submitted by the petitioner can be considered by W.P(C) No.22042 of 2022 :4: the competent authority in accordance with law, provided the applications are received, are complete in all respects and are 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 applications in Form-6. The applications being statutory applications, the Competent Authority is bound to consider the applications 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 W.P(C) No.22042 of 2022 :5: consider and pass orders on Exts.P3 and P3(a) Form-6 applications, if the same are 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 W.P(C) No.22042 of 2022 :6: APPENDIX OF WP(C) 22042/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPTS DATED 23.02.2019 ISSUED FROM THE CHAVARA VILLAGE.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATABANK PUBLISHED IN CHAVARA PANCHAYAT.
Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13.05.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P3(a) TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13.05.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.