IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 12995 OF 2022
PETITIONER
THOMAS
AGED 58 YEARS
S/O. VARGHESE, MULACKAL HOUSE, MATTOM, ALOOR
VILLAGE, THRISSUR DISTRICT 680 602.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
RESPONDENT
THE REVENUE DIVISIONAL OFFICER
THRISSUR, REVENUE DIVISIONAL OFFICE, CIVIL
STATION, AYYANTHOLE, THRISSUR, PIN 680 003.
OTHER PRESENT:
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 12995 of 2022 :2:
JUDGMENT
Dated this the 9th day of June, 2022 The petitioner holds 19.20 Ares (47 cents) of property in Kandanassery Village in Kunnamkulam Taluk. The petitioner is before this Court seeking to direct the respondent to consider Ext.P2 application submitted under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, in a time bound manner.
2. The petitioner holds 19.20 Ares of property in Survey No.527/2 of Kandanassery Village in Kunnamkulam Taluk. According to the petitioner, the property is a dry land. The property is not included in Data Bank as paddy land/wetland. Though the petitioner has 5.67 Ares of property in Survey No.522/6, the said property is not included in Data Bank as paddy land.
3. The petitioner intends to construct a residential house in 19.20 Ares of property and therefore, submitted W.P.(C) No. 12995 of 2022 :3: Ext.P2 application invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The petitioner submitted requisite fee also. The application has not been considered so far.
4. The petitioner filed I.A No.1 of 2022 producing Ext.P3 Form-7 application submitted on 03.06.2022. The said Ext.P3 application was submitted in view of the fact that the petitioner had mistakenly submitted Ext.P2 in Form-7 for 19.20 Ares of property only. The petitioner, in fact, wants to change the nature of land in respect of 24.87 Ares.
5. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner in the writ petition. It is pointed out that in order to consider Ext.P3 Form-7 application, the petitioner will have to produce a sketch in respect of the property indicating the water conservation measures proposed by the petitioner. This is a statutory requirement under the Kerala Conservation of W.P.(C) No. 12995 of 2022 :4: Paddy Land and Wetland Act, 2008, contends the Government Pleader.
6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
7. The petitioner holds 24.87 Ares of property in Kandanassery Village in Kunnamkulam Taluk. The petitioner wants to change the nature of the land in Revenue records, for utilising the land for other purposes. The petitioner has therefore invoked the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 and submitted Ext.P3 application in Form-7. As the petitioner has invoked his statutory remedy, the respondent, who is the competent authority to consider Ext.P3, has to consider the application, in accordance with law, within a reasonable time.
In the facts and circumstances of the case, the writ petition is disposed of directing the respondent to consider Ext.P3 application, if it is received with all supporting W.P.(C) No. 12995 of 2022 :5: documents and after paying the prescribed fee, if any, and to dispose of the same within a period of three months.
Sd/-
N. NAGARESH, JUDGE smm/14.06.2022 W.P.(C) No. 12995 of 2022 :6: APPENDIX OF WP(C) 12995/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF TAX RECEIPT DATED 30.11.2021 ISSUED FROM KANDANISSERY VILLAGE OFFICE.
Exhibit P2 TRUE COPY OF APPLICATION SUBMITTED BEFORE THE RESPONDENT DATED 14.03.2022 ALONG WITH RECEIPT FOR REMITTING THE FEE.
Exhibit P3 TRUE COPY OF THE FROM 7 APPLICATION DATED 03/06/2022 SUBMITTED BEFORE THE RESPONDENT