IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17687 OF 2022
PETITIONER:
MANJU S.NAIR,
AGED 46 YEARS,
D/O.SASIDHARAN NAIR,
MUNDAKKAL PUTHIYA VEETTIL HOUSE,
ADOOR P.O.,
PATHANAMTHITTA DISTRICT-691 523.
BY ADV U.K.DEVIDAS
RESPONDENT:
REVENUE DIVISIONAL OFFICER,
RDO OFFICE, TIRUR,
TRIKANDIYUR ROAD,
MALAPPURAM DISTRICT-676 101.
SMT.SURYA BINOY B., SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.17687/2022
2
JUDGMENT
Dated this the 1st day of June, 2022 The petitioner, who is the owner of 1.85 Ares of land in Nannambra Village in Tirurangadi Taluk, has filed this writ petition seeking to direct the respondent to dispose of Ext.P3 Form 6 application under Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, within a reasonable time, after affording an opportunity of hearing to the petitioner.
2. The petitioner states that he is the owner of 1.85 Ares of land comprised in Survey No.155/2B-11 of Nannambra Village in Tirurangadi Taluk. The land is a Garden Land and is not included in Data Bank. But, the description of the land in Revenue records is as 'Nanja'. WP(C)No.17687/2022 3
3. The petitioner, therefore, submitted Ext.P3 Form 6 application seeking to make change in the nature of the land in Revenue Records. Ext.P3 has not been disposed of so far. Therefore, the petitioner is before this Court.
4. The learned Government Pleader entered appearance and resisted the writ petition. The learned Government Pleader controverted all the material contentions raised by the petitioner in the writ petition. The learned Government Pleader pointed out that in the writ petition, the petitioner claims to be having land in Survey No.155/2B-11, whereas in the Data Bank records, the Survey number available is 155/3. This Court is of the view that this is a matter to be looked into by the respondent, when Ext.P3 application is considered.
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
WP(C)No.17687/2022 4
6. The petitioner holds 1.85 Ares of land as evidenced by Ext.P1. The petitioner has submitted Ext.P3 application invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application is seen submitted as early on 20.02.2022. Ext.P3 being the application submitted invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the respondent is bound to consider the same in accordance with law and pass appropriate orders thereon within a reasonable time.
In the circumstances of the case, the writ petition is disposed of directing the respondent to consider Ext.P3 application, if it is received along with all supporting documents, and pass appropriate orders thereon in accordance with law, within a period of three months.
Sd/-
N. NAGARESH JUDGE SR WP(C)No.17687/2022 5 APPENDIX OF WP(C) 17687/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 11.01.2022 BY THE VILLAGE
OFFICER, NANNAMBRA.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK WITH RESPECT TO THE
PROPERTY OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
20.02.2022 IN FORM NO.6 UNDER THE
KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT 2008.
Exhibit P4 TRUE COPY OF THE CHALAN RECEIPT DATED
11.01.2022 ISSUED BY THE SUB
TREASURY, TIRUR.
SR