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. 15287 OF 2022
PETITIONER:
DURGADATHAN N. A.
AGED 42 YEARS
S/O. N. D. ARYAN, NEDIYAPARAMBATHU MANA,
VENGIDANGU P. O., THRISSUR - 680510.
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
SABU GEORGE
MANU VYASAN PETER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE REVENUE DIVISIONAL OFFICER, THRISSUR
FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
THRISSUR, PIN - 680003.
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:
WP(C) NO. 15287 OF 2022
2
JUDGMENT
Dated this the 9th day of June, 2022 The petitioner has approached this Court seeking to command the 2nd respondent to consider and pass orders on Ext.P2 application within a time frame fixed by this Court.
2. The petitioner states that the father of the petitioner purchased 4.45 Ares of land comprised in Survey No.104/2C-2, 4.45 Ares in Survey No.104/2A-4 and 3.23 Ares of land comprised in Survey No.3A-1 of Perakam Village in Chavakkad Taluk. The father of the petitioner unfortunately passed away. Thereafter, the property was mutated in the name of the petitioner.
3. According to the petitioner, the land in question is not included in the Data Bank. However, the nature of the land is shown as paddy land in Revenue records. In order to utilise the land for other purposes, the petitioner submitted an WP(C) NO. 15287 OF 2022 3 application in Form No.6 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, seeking to change the nature of the land in Revenue records. Ext.P2 is the application.
4. The learned counsel for the petitioner submitted that the land is a garden land and description of the land as paddy land in Revenue records causes untold hardship to the petitioner. As the petitioner has invoked the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the 2nd respondent is bound to consider Ext.P2 application and pass orders thereon expeditiously, contended the learned counsel for the petitioner.
5. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. The Government Pleader submitted that the petitioner is seeking change of nature of the land in Revenue records only in respect of a part of the property held by the petitioner. WP(C) NO. 15287 OF 2022 4 Therefore, the petitioner may have to produce a sketch in respect of the property, before the 2nd respondent. The Government Pleader, however, submitted that since the petitioner has invoked a statutory remedy, the competent authority can consider the same in accordance with law, provided the application has been received supported by all necessary documents and paying prescribed fee, if any.
6. I have heard the learned counsel for the petitioner and learned Government Pleader for the respondents.
7. The petitioner owns land in Perakam Village in Chavakkad Taluk. According to the petitioner, the land is a garden land. Description of land as paddy land in Revenue records causes untold hardship to the petitioner. The petitioner wants to use the property for other purposes. Therefore, the petitioner has submitted a statutory application. The petitioner has invoked Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. Therefore, the 2nd respondent WP(C) NO. 15287 OF 2022 5 is bound to consider the same in accordance with law within a reasonable time.
In the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to consider Ext.P2, if it is received supported by all requisite documents and paying the prescribed fee, if any, and to pass appropriate orders thereon, within a period of three months, in accordance with law.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 15287 OF 2022 6 APPENDIX OF WP(C) 15287/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 16.08.2021.
Exhibit P2 A TRUE COPY OF FORM - 6 APPLICATION SUBMITTED BY THE PETITIONER ON 20.10.2021.
Exhibit P3 A TRUE COPY OF THE CHALAN, DATED 20.10.2021.
RESPONDENT'S/S EXHIBITS : NIL