IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 18077 OF 2022
PETITIONER:
JOHNY
AGED 65 YEARS
S/O. LONAPPAN, PARAYIL HOUSE,
NENMANIKKARA,
PUTHUKKAD P.O, THRISSUR - 680301.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, THRISSUR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
THRISSUR - 680003.
2 THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA REVENUE DIVISIONAL OFFICE,
CIVIL STATION ANNEXE, CHEMMANDA ROAD,
IRINJALAKKUDA, THRISSUR -680125.
3 THE TAHSILDAR,
MUKANDAPURAM TALUK OFFICE, CHEMMANDA ROAD,
IRINJALAKKUDA, THRISSUR -680125.
4 THE VILLAGE OFFICER,
TRIKKUR VILLAGE OFFICE, KALLUR P.O.,
KALLUR, THRISSUR - 680317.
BY SMT.SURYA BINOY B., SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18077/2022
:2:
N. NAGARESH, J.
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W.P.(C) No.18077 of 2022
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Dated this the 3rd day of June, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who is the owner of a property in Trikkur Village in Mukundapuram Taluk, is before this Court seeking to direct the 2 nd respondent to change the nature of the land in the Village records as garden land instead of 'Nilam'.
2. The petitioner states that he is the owner in possession of 9.86 Ares of land, out of which 9.53 Ares of land is comprised in Survey No.513/2-15 and 33 square metres of land is comprised in Survey No.513/2-16 of Trikkur Village in Mukundapuram Taluk. The petitioner is also paying tax for the same.
W.P.(C) No.18077/2022 :3:
3. According to the petitioner, the said property is recorded as 'Nilam' in Revenue records. No paddy cultivation is conducted in the property for several years. The petitioner is unable to utilise the said property for non-agricultural purpose. The property is not included in the Data Bank as paddy land. The petitioner therefore submitted Ext.P3 Form 6 application to change the nature of the land in Village records as garden land instead of 'Nilam', invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. No action has been taken by the respondents on Ext.P3 application submitted by the petitioner. Hence, the petitioner is before this Court.
4. Heard the learned counsel for the petitioner and the learned Government Pleader.
5. The petitioner, who is holding 9.86 Ares of land, out of which 9.53 Ares of land is comprised in Survey No.513/2-15 and 33 square metres of land is comprised in Survey No.513/2-16 of Trikkur Village in Mukundapuram Taluk, has already submitted Ext.P3 application to change W.P.(C) No.18077/2022 :4: the nature of the land in Village records invoking the provisions under Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Ext.P3 is a statutory application. Therefore, the competent authority is bound to consider the same and pass appropriate orders thereon in accordance with law.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P3 Form 6 application submitted by the petitioner, if the same is received accompanied by all supporting documents and paying the prescribed fee, if any. Orders on Ext.P3 application shall be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/04.06.2022 W.P.(C) No.18077/2022 :5: APPENDIX OF WP(C) 18077/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.03.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF NENMANIKKARA GRAMA PANCHAYATH.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 07.04.2022.
Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING
PAYMENT OF STATUTORY FEE DATED
12.04.2022.