E P Haris vs The Revenue Divisional Officer

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                       WP(C) NO. 24324 OF 2022
PETITIONER

               E P HARIS
               AGED 51 YEARS
               S/O. MUHAMMEDKOYA "GRACE",
               CHALAPPURAM P.O, KOZHIKODE-673002 ,
               BY ADVS.
               V.N.HARIDAS
               SAIFUDEEN T.S
               ANJANA CHANDRAN


RESPONDENTS

    1          THE REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISION OFFICE,
               KOZHIKODE COLLECTORATE, P.O.CIVIL STATION,
               KOZHIKODE 673020.
    2          LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENOR, AGRICULTURAL
               OFFICER, KRISHIBHAVAN, PUTHIYARA P.O, KOZHIKODE
               673004.



               SRI.SYAMANTHAK B S, GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   27.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.24324 of 2022           2
]




                       JUDGMENT

Dated this the 27th day of July, 2022 The petitioner, who is owner of 10.08 cents of land in Valayanadu Village of Kozhikode Taluk in Kozhikode District, has filed this writ petition seeking to direct the 1st respondent to consider Ext.P4 application and to pass orders thereon, within a time frame to be fixed by this Court.

2. The petitioner states that he is the owner in possession of 10.08 cents of land comprised in Survey No.17/3 of Valayanadu Village of Kozhikode Taluk in Kozhikode 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.

]

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 provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 08.06.2022. 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 W.P(C) No.24324 of 2022 4 ] 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 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-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.

Sd/-

N. NAGARESH, JUDGE smm/29.07.2022 W.P(C) No.24324 of 2022 6 ] APPENDIX OF WP(C) 24324/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED. 12.05.2022 ISSUED BY THE VALAYANADU VILLAGE OFFICE. Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.01.2022 ISSUED BY THE VALAYANADU VILLAGE OFFICE.

Exhibit P3 A TRUE COPY OF THE INFORMATION GIVEN BY THE AGRICULTURAL OFFICER DATED 09.11.2018.

Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 08.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.