IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18494 OF 2022
PETITIONER
ABDUL BASITH
AGED 30 YEARS
S/O. ABU YOOSAF, KALATHIL THODIYIL HOUSE,
PAINKANNUR, TIRUR TALUK, MALAPPURAM DISTRICT,
PIN 679 571.
BY ADVS.
BINU V V VEETTIL VALAPPIL
S.K.PREMJITH MENON
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, TIRUR
THRIKANDIYOOR ROAD, TIRUR P.O,
MALAPPURAM DISTRICT, PIN 676 101.
2 THE VILLAGE OFFICER,
KUTTIPPURAM VILLAGE OFFICE, KUTTIPPURAM P.O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN 679 571.
SRI.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.18494 OF 2022
2
JUDGMENT
Dated this the 8th day of June, 2022 The petitioner, who is the owner of 20.23 Ares of land in Kuttippuram Village in Tirur Taluk, has filed this writ petition seeking to direct the respondents to expedite the proceedings in Ext.P1 and pass appropriate orders within a time frame to be fixed by this Court.
2. The petitioner states that he is the owner of 20.23 Ares of land comprised in Survey No.270/2-6 of Kuttippuram Village in Tirur Taluk. The land is unnotified land under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008.
3. The petitioner, therefore, submitted Ext.P1 Form 6 application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to make changes in the nature of the land in Revenue records. Ext.P1 has not been disposed of so far. Therefore, the petitioner is before this Court.
WP(C) NO.18494 OF 2022 3
4. The learned Government Pleader entered appearance and contested 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 submitted application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder, the application can be considered by the Competent Authority, if the same is complete and supported by all requisite documents.
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The petitioner has submitted Ext.P1 application invoking the provisions under Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application is seen submitted as early on 20.04.2022. Ext.P1 being an application submitted invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the 1st respondent is bound to consider the same in WP(C) NO.18494 OF 2022 4 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 1 st respondent to consider Ext.P1 application, if it is received along with all supporting documents and paying prescribed fee, if any, and to pass appropriate orders thereon in accordance with law, within a period of three months.
sd/-
N. NAGARESH JUDGE hmh WP(C) NO.18494 OF 2022 5 APPENDIX OF WP(C) 18494/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 20.04.2022.