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. 16873 OF 2022
PETITIONER
VIVEK P.MANU
AGED 30 YEARS
S/O.LATE MANOHARAN, PUTHIYATHARAYIL,
KULASEKHARAMANGALAM P.O., VAIKOM, KOTTAYAM DISTRICT.
BY ADVS.
C.S.MANILAL
S.NIDHEESH
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
PALA, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
PALA - 686 575.
2 THE VILLAGE OFFICER
NADUVILE VILLAGE, VAIKOM TALUK, VAIKOM - 686 146.
3 THE AGRICULTURAL OFFICER
VAIKOM, OFFICE OF THE AGRICULTURAL OFFICER,
VAIKOM - 686 141.
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. 16873 OF 2022
2
JUDGMENT
Dated this the 9th day of June, 2022 The petitioner, who is owner of 2.42 Ares of land in Naduvile Village of Vaikom Taluk in Kottayam District, has filed this writ petition seeking to direct the 1st respondent to consider and pass orders on Ext.P6 application within a time frame to be fixed by this Court.
2. The petitioner states that he is owner of 2.42 Ares of land situated in Re-Survey No.190/10-2-1 of Naduvile Village, VaikomTaluk in Kottayam District. The land is an unnotified land and had not been included in the Data Bank.
3. The petitioner, therefore, submitted Ext.P6 application in Form-6, invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, seeking to make changes in the nature of the land in Revenue records. The application was filed on 23.09.2020 . The application is not disposed of so far. Unless the application is considered WP(C) NO. 16873 OF 2022 3 expeditiously, the petitioner will be put to untold hardship and loss, contends the petitioner.
4. The Government Pleader representing the respondents resisted 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 invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder, the application submitted by the petitioner can be considered by the competent authority in accordance with law, provided the application is received, is complete in all respects and is supported by all necessary documents.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
WP(C) NO. 16873 OF 2022 4
6. The petitioner has submitted Ext.P6 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 23.09.2020. Ext.P6 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 accordance with law, and pass appropriate orders thereon, within a reasonable time.
The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P6 Form-6 application submitted by the petitioner if the same is received, supported by all requisite documents and paying prescribed fee, if any, and to pass orders thereon in accordance with law, within a period of three months adverting to Ext.P12 Circular dated 10.12.2021.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO. 16873 OF 2022 5 APPENDIX OF WP(C) 16873/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 20/10/2020.
Exhibit P2 TRUE COP OF THE JUDGEMENT DATED 20/9/2021 IN WP(C) NO.19526/2021. Exhibit P3 TRUE COPY OF THE ORDER OF THE BUILDING PERMIT DATED 8/11/2021.
Exhibit P4 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE VAIKOM MUNICIPAL CORPORATION.
Exhibit P5 TRUE COPY OF THE STOP MEMO DATED 3/1/2022.
Exhibit P6 TRUE COPY OF THE APPLICATION IN FORM VI.
Exhibit P7 TRUE COPY OF THE CHELLAN RECEIPT DATED 23/9/2020.
Exhibit P8 TRUE COPY OF THE COPY OF THE LETTER DATED 23/9/2020 OF THE 1ST RESPONDENT. Exhibit P9 TRUE COPY OF THE LETTER DATED 23/9/2020 OF 1ST RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE SETTLEMENT DEED DATED 23/6/2020.
Exhibit P11 TRUE COPY OF THE DEATH CERTIFICATE OF V.MANOHARAN DATED 25/4/2003.
Exhibit P12 TRUE COPY OF THE CIRCULAR DATED 10/12/2021.